Isaak v. Journey

VARIAN, J. —

A money judgment was entered on jury verdict in the district court against appellant Journey on December 2, 1931. Counsel for plaintiff resides at American Falls and counsel for defendant (appellant) at Pocatello, between which points there is a daily mail service. On December 3, 1931, appellant deposited, with the clerk, an undertaking on appeal, which was indorsed filed on that date, and on the same date his counsel deposited, in the postoffice at Pocatello, notice of appeal, addressed to respondent’s counsel at American Falls. The notice was received by counsel for respondent,…