Breslaw v. Breslaw

Frank T. Gallagher, Justice.

Motion to dismiss defendant’s appeal from two orders denying defendant’s motions to set aside, vacate, and declare null and void the judgment and decree of the district court in a divorce action, on the ground that when the appeal was taken the time in which an appeal could be taken had elapsed.

M. S. A. 605.08 provides:

“An appeal from a judgment may be taken within six months after the entry thereof, and from an order within 30 days after written notice of the same from the adverse party.”

According to the affidavit of .Benjamin M. Bigler, plaintiff’s attorney, the…