Old Pueblo Transit Co. v. Corporation Commission

I agree with the proposition that if the 30-day statute, section 69-249, supra, applies, then appellant is too late with his notice of appeal. However it is probable that the portion of section 69-249 relating to the 30-day period has been impliedly repealed by section 21-1801, supra, Rules of Civil Procedure, No. 72, which allows 60 days in which to appeal. On that basis I dissent.

It is to be noted that the appellant filed its notice of appeal within 60 days of November 24th, the date on which its attorney actually received notice. Actual notice is sufficient notice. It is further to be…