Larkin v. Barker

This is an appeal from the judgment of the district court of Washington county rendered on the 31st day of December, 1927. A motion for new trial was filed on the 3rd day of January, 1928. The defendant in error has filed her motion to dismiss the appeal in this court, setting forth three grounds for dismissal, but we deem it unnecessary to notice but one of these grounds, and that is, that the motion for new trial was not filed in the trial court during the term of court in which the judgment was rendered. Section 3072, C. O. S. 1921, provides;

“The time for convening the regular terms of the…