Smethers v. Wilson

The sole issue in this appeal is: when does the time for appealing a judgment of the small claims department of the magistrate division begin to run? David Smethers obtained such a judgment against Larry and Ethel Wilson for amounts allegedly due for the installation of a sprinkler system. Following a hearing in the small claims department the magistrate signed the judgment on January 18, 1982. This judgment was filed by the clerk on January 19, as indicated by the filing stamp. The Wilsons appealed to the district court on February 18, thirty-one days after the magistrate had signed the…