American Workmen Insurance Company v. Irvin

Thomas Ervin sued the American Workmen Insurance Company in the Helena municipal court. The case was decided on September 9, 1936, in favor of the defendant company. On September 21, 1936, Ervin filed his affidavit for an appeal. No judgment had been written up and no precedent for a judgment was prepared until the 26th of April, 1937, on which day the judgment was entered of record and a transcript was on that day filed in the circuit court.

The defendant insurance company filed its motion to dismiss this appeal because not made in time. The plaintiff Ervin filed a motion duly verified in…