Coby v. Halthusen

The present writ of error is prosecuted for the purpose of reversing the action of the court below dismissing an appeal thereto from the county court. The appeal in question was not taken during the day on which the judgment was rendered, nor was a notice in writing served upon appellant’s attorney of record within five days after the appeal was perfected. The action of the district court *11in dismissing the same was in pursuance of the statute. Sec. 4, p. 159, Sess. Laws 1885. The statutory right in question is a personal privilege, which may be waived by appellee. Robertson v. O’Reilly, 14…