Callaghan v. Natalbany Lbr. Co.

Defendant and appellee moves to dismiss the appeal herein on the ground that more .than a year elapsed after the judgment was rendered and signed before it was taken.

The record shows that the judgment was read and signed in open court on September 20, 1927. But it also shows that the court, acting on a motion for new trial, overruled the motion by judgment read and signed in open court on October 21, 1929. The judgment did not become final until then.

The appellee urges in his brief that there was no motion’ for a new trial filed in the case which could have been acted on by the lower court.…