Miller v. A. & B. Furn. Co.

This is an attempt to appeal from a judgment rendered in favor of defendant in error, defendant below, upon the ¡pleadings and open'ng- statement of plaintiff’s counsel to the jury. The judgment was rendered January 10. 1934. No notice of appeal was given on that day or within tan days thereafter, as by law required (section 531, O. S. 1931). It was given on January 27, 1934. This purported appeal was not lodged in the Supreme Court until after the expiration of six months from the date of the judgment (section 547, O. S. 1931) from which an appeal lay.

Plaintiff in error relied upon a motion…