King v. Paylor

OPINION

By MATTHEWS, PJ.

This cause comes before the court upon the appellee’s motion to dismiss the appeal on the ground that the notice of appeal was not filed within the time allowed by the statute.

The judgment was entered on the journal on January 23rd, 1942. The notice of appeal bears the stamp of the clerk showing that it was filed on February 13th, 1942. By excluding the first day and including the last, as required by §10216 GC, it is disclosed that this notice was filed on the 21st day alter the judgment.

It appears by affidavit that counsel for the appellant went to the court house on…