Kattering v. Franz

Action for $15,000.00 damages for personal injuries. Verdict was for defendant and plaintiff has attemp'ted to appeal from the judgment entered.

Defendant'has filed a motion to dismiss the appeal which we think must be sustained. ' The judgment in this case was entered March 31, 1949. A motion for new trial was filed on April 5, 1949 which was overruled, by operation of Section 847.118 Mo. R. S. A., 90 days thereafter. It appears that on July 11, 1949, the Clerk of the Circuit Court of Ozark County received (by mail) a notice *856of appeal which he marked filed but did nothing further because no…