Witt v. Merrill Et Ux

This is a motion to docket and dismiss an appeal on the ground that it was not taken within the thirty days allowed by rule 73(a) of the Rules of Civil Procedure, 28 U.S.C.A. It appears that the notice of appeal was duly filed within thirty days of the denial of a motion for a new trial made by appellant but more than thirty days after the entry of the judgment in the case.

When the jury returned a verdict for defendant on March 6, 1953, counsel for plaintiff immediately made a motion for a new trial in open court and had it entered on the record. The court did not pass on the motion at that…