Glenn Taylor v. Warman

CULLEN, Commissioner.

The Court on its own motion is dismissing this appeal because the notice of appeal was not filed in time.

The judgment was entered on March 15, 1957. Within 10 days there*900after the defendant-appellant filed a motion for a new trial. The motion was overruled on December 16, 1957. On February 26, 1958, the defendant-appellant tendered another motion for a new trial, which the court by order of February 27, 1958, refused to permit to be filed. The notice of appeal then was filed on March 25, 1958.

While the first motion for a new trial operated to terminate the running of the…