Buntin v. Hooper

"Worden, J.

— In this case there is a motion made by

-the appellees to dismiss the appeal, on the ground that the same was not taken within the time prescribed by -the statute. The appellant has had due notice of the motion.

A motion for a new trial in the cause was made and overruled on the 2d day of J une, 1877, before which time judgment seems to have been rendered.

The transcript of the record was filed in this court on July 13th, 1878. The appeal, therefore, was not taken within the time limited.

Section 561 of the code was amended by the 2d section of the act of March 14th, 1877, Acts 1877,…