Schroder v. Claypool

The decision upon the motions of the respective parties requires a consideration of Nules 340(a) and 342(a) of our Rules of Civil Procedure. We deem the questions of sufficient importance and interest to the profession to warrant a published opinion. The merits of the original action or of the appeal are not involved.

The original decision of the trial court sustaining defendants’ motion to dismiss was entered on November 23, 1943. The notice of appeal therefrom was filed December 21, 1943. Nothing was filed thereafter until April 5, 1944, when plaintiffs filed in the office of the clerk of…