Everding & Farrell v. Gebhardt Lumber Co.

1. The defendant having prevailed in the Circuit Court, the plaintiff attempted to appeal. Defendant moves to dismiss the appeal for the reason that no notice of appeal was filed with the clerk within sixty days after the date of the judgment, as required by Section 550, L. O. L., as amended by *208Chap. 319, Laws of 1913, p. 618, which provides that the notice shall be served and filed within sixty days from the entry of judgment. The judgment in this case was entered May 16, 1918, and the notice of appeal was not filed until July 19, 1918, sixty-three days after the entry of judgment.

It appears…