Schmuck v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Porter, J.:

The appellees move to dismiss the appeal. The principal ground of the motion is that the appeal was not perfected until after the expiration of •one year from the date of the rendition of the judgment. It appears that the notice of appeal, together with proof of service thereof, was filed with the clerk of the trial court October 17, 1910. The judgment was rendered March 7, 1910, and it was not until May 6, 1911, that the certified copies of the notice, proof of service and judgment were filed here. It is true that the code of 1909 provides…