Johnson v. Foust

FOSTER, Justice.

A final decree in equity was rendered December 2, 1940. ' On December 28, 1940, appellants moved for a rehearing. Chancery Rule 81. Several continuances of the motion were made extending the last time to and including June 10, 1941. No order was made on the motion on that day, so that it then ceased to be within the power of the court. This appeal was taken within six months from that day, but more than six months from tho date of the final decree. The question is whether the failure to act on the motion for a new trial deprived appellants of the right to appeal within six…