Lewis v. Hammond Lumber Co.

THE COURT.

On petition for rehearing, counsel for respondent contend that the appeal should be dismissed, upon the ground that the notice of appeal was not served within the time provided by law, and therefore that this court is without jurisdiction of the cause. We are of the opinion that this objection, although late in presentation, must be sustained.

The minutes of the court show that at the conclusion of the plaintiffs’ case, on October 10, 1928, “Defendant’s motion for a nonsuit is by the court granted.” The notice of appeal, which was not filed until December 11, 1928, purports to give…