Myers v. Harvey

Respondent moves to dismiss the appeal on the following grounds: (1) that it was not perfected within the time prescribed by O. S., sec. 7152; (2) that the undertaking was not filed within the time prescribed by C. S., sec. 7153. C. S., sec. 7152, provides that an appeal must be taken within 90 days from the entry of judgment. This means that the notice of appeal must be filed within 90 days. See. 7153 provides that within five days after service of the notice of appeal an undertaking must be filed. In this case judgment was entered June 12, 1922. Notice of appeal was served Sept. 9, but…