Hendrix v. City of Maryville

PEE CUEIAM.

' The first tiling to be considered in this case is appel-lees ’..motion to dismiss the, appeal on the grounds appellant’s motion for new trial was not timely filed..

The record reveals that on February 28, 1967, the final judgment was entered and included the following language : “To all of which action by the Court the Plaintiff excepts and is allowed forty-five (45) days to file his motion for a new trial.” Plaintiff’s written motion was not filed until April 12,1967, forty-three days after entry of the judgment. The defendants asked the trial judge to strike the motion for new…