Herrod v. Larkins

Counsel for appellant asks for a rule on the clerk to direct him to file the transcript offered in this case. There appears as a notation from the judge’s docket the following: “8/18/30. Judgment of lower court affirmed. 8/18/30, Motion for new trial filed; overruled; exceptions saved. Appeal prayed and granted and 60 days given to file bill of exceptions.” The offered transcript also shows that motion for new trial was “filed 9/16/30.”

Thus it will he seen that there is no final judgment entered of record from which an appeal will lie. In Lowenstein v. Caruth, 59 Ark. 588, 28 S. W. 421, it…