Miller v. New York Oil Co.

Potter, Chief Justice.

This cause has been heard on a motion to dismiss the appeal upon the stated ground that “the record for appeal was not prepared and filed with the Clerk of the District Court within the statutory time, or within a valid extension under statutory authority. ’ ’

It appears that the appeal is taken from the final judgment rendered upon the trial of the cause, based upon written findings of fact and conclusions of law; that the judgment was rendered on November 9, 1923, and entered upon the journal under that date, as one of the days of the September, 1923, term, without…