Rogers v. Illinois Cent. R. Co.

Defendants-appellees move to dismiss this devolutive appeal taken by plaintiffs from the judgment dismissing their suit.

The record reflects the following:

The judgment was rendered on March 25, 1948, after a trial on the merits of the case. On March 31, 1948, plaintiffs applied for a rehearing, but through inadvertence, and without having disposed of the application, the judge a quo signed the judgment on April 1, 1948, and the application for rehearing was not disposed of until April 23, 1948, on which date a rehearing was refused. In refusing a rehearing, the judge, in a per curiam, stated:

"T…