Rorex v. Karcher

The defendants in error have moved to dismiss the appeal on the ground that notice of appeal was not given as provided by law. The motion for a new trial was overruled on September 11, 1920, and the following entry made in the clerk’s minutes:

“This cause comes • on for hearing upon the motion of the plaintiff for new trial* Motion is overruled, to which plaintiff excepts, and exceptions allowed.”

On November 4, 1920, a journal entry was filed, reciting that on the 11th day of Sep tember, 1920, the motion for a new trial was overruled and notice of appeal was given in open court The defendants…