Evans v. First Nat. Life Ins. Co.

My associates believe that the mandatory provision of the act of 1921 to the effect that appeals shall be allowed and be returnable to the Court of Appeal within ten days means that only one of the two requirements must be met within that period, to wit, the appeal allowed, and that the other requirement with reference to the perfection of the appeal was inserted merely for the purpose of indicating to what court the appeal should be returnable. I cannot agree with this construction of the act. In the first place, as was said in the original opinion, the language itself“is too clear to admit…