Federal Land Bank v. Le Mars Mutual Insurance

Under the provision of section 3147, Rev. Code 1919, appellant’s time to appeal from the judgment herein expired on the ist day of October, 1936. Late in the evening of that day appellant’s. attorney living at Sioux Falls mailed to the clerk of courts of Charles Mix county at Lake Andes, S. D., a notice of appeal and bond, together with the clerk’s fee. This letter, together with the inclosures, reached the clerk of courts on either the 2d or 3d day of October. Conformable to an agreement had with counsel the clerk marked the papers filed as of October 1st. However, it is conceded that the…