Stroup v. Radican

STONE, Presiding Judge.

Plaintiff, E. T. Stroup, has moved to dismiss the appeal of defendant, Joe Radican, from a judgment for $750 entered upon a jury verdict. Although not decisive of the motion to dismiss, it may not be amiss to comment preliminarily concerning defendant’s notice of appeal, which was “from the judgment entered in this action on the 20th day of April, 1960.” The judgment against defendant properly was entered on Jcumary 18, 1960, upon the jury verdict returned on that date. Defendant’s motion for new trial, timely filed on January 22, 1960, was “deemed denied” by operation…