Davis v. American First Trust Co.

PEIt CURIAM.

Plaintiffs filed their action in the trial court to foreclose a mortgage, and on October 21, 1935, judgment was rendered for the plaintiffs. The appeal is by transcript. No notice of intention to appeal was given at the time of the rendition of judgment, and thereafter a motion for new trial was filed and the same was overruled on November 24, 1935, at which time the defendants gave their notice of intention to appeal, and the attempted appeal is from the order overruling the motion for new trial.

This court has repeatedly held that the motion for new trial and the order made…