Fritsche v. McCue

This is a motion to dismiss the appeal on the ground that no transcript on appeal was filed within the *47requisite time. It appears that judgment was entered September 21, 1938; that notice of the entry thereof was given the day following; that notice of intention to move for a new trial was filed within time and on October 3, 1938; that said motion for new trial was denied November 22, 1938. Notice of appeal to this court was appropriately served and filed December 7, 1938. The engrossed bill of exceptions was signed, settled and filed in the office of the county clerk on February 8, 1939. On…