Janus v. United States Ex Rel. Humphrey

WILBUR, Circuit Judge.

The appellee moves to dismiss the appeal in this ease upon the ground that it was taken too late. The judgment was entered herein, October 25, 1928, during the October term of the District Court. Said term of court was adjourned without day on October 30, 1928, appellants filed petition for new trial November 3, 1928. No specific order was made by the court, before adjourning, extending the time beyond said term for appellant to file a motion or petition for new trial. The rules of that court, however, did provide that a petition for a new trial could be filed within…