Morley v. Morley

The only question now before us in this case is whether the appeal should be dismissed on respondent’s motion.

On January 5,1923, judgment was made in favor of respondent and against the appellant, and on the same day it was filed with the clerk of the court. Thereafter the court made a formal order denying the appellant’s motion for a new trial. This order is dated September 19,1923, but was not filed with the clerk of court until October 15 of the same year. If the time for appeal *78began to run on the date the order was filed, the notice of appeal was in due time, otherwise it was not.

Under…