Combined American Ins. Co. v. Morgan

LOONEY, Justice.

The transcript in this case in due time was delivered but, on being examined, the Clerk ascertained that notice of appeal had not been given; therefore noted the day it was received and referred the matter to the Court, as directed by Procedural Rule No. 388.

Appellant filed a motion to require the Clerk to file the record, contending, in substance, that its amended motion for a new trial filed in the court below having been overruled by operation of law, general rule No. 353 requiring notice of appeal to be given where the proceeding appealed from takes place in open court, is…