Mahaffey v. Stine

OPINION

By BARNES. PJ.

The above entitled cause is now being determined on motion for appellees to dismiss the appeal on law and fact for the following reasons:

"1. The notice of appeal on law and fact was not filed or taken within twenty days *362after entry of the final judgment and decree.

“2. Said motion for new trial'was not duly filed.”

The action as filed and tried in the Common Pleas Court was one in chancery. The final entry finding all issues in favor of the defendant, dismissing plaintiff’s ■ petition and entering judgment for costs was filed and journalized July 16, 1938.

Motion for new…