Black v. Miller

Jordan, Judge.

The defendant’s only relevant contention expressed in its original brief is that plaintiff’s petition stood automatically dismissed upon the lapse of 20 days after the trial court’s judgment of October 1, 1965, and that since plaintiff’s notice of appeal was not filed within 30 days from the date the automatic dismissal became effective, this court is without jurisdiction. The contention has no merit.

The October 1 order sustaining defendant’s renewed demurrer to the amended petition did not provide that in default of an amendment within the time allowed the petition should stand…