Peterson v. Beals

Denied November 15, 1921.

On Petition for Rehearing.

(201 Pac. 727.)

On petition for rehearing. Rehearing Denied.

In Banc.

BURNETT, C. J.

In this case the defendants moved to dismiss the appeal of the plaintiff on the *246ground that, as appears from the records in this cause, the decree herein was entered by the Circuit Court on April 14, 1921, and the notice of appeal was not served until June 17, 1921, or more than sixty days after the entry of the decree. The motion was sustained and the appeal was dismissed without an opinion. In his petition for a rehearing, the plaintiff endeavored to show by…