Auto Convoy Company v. Smith

(concurring specially)-

During pendency of this appeal on rehearing, and before the original opinion became final, plaintiff filed a motion to dismiss appeal, asserting, for the first time, that defendants failed to lodge their appeal herein within the time allowed by statute, by reason of which this court was and is without jurisdiction to decide the case on appeal.

The record shows that the trial court, by several orders, extended the time in which to make, serve and settle case-made to July 15, 1958, the date on which the case-made and petition in error were filed in this court, but that the…