Physicians Mutual Health & Accident Insurance v. Grigsby

The original defendant prayed and was granted an appeal to the Court of Appeals from a judgment rendered against it by the Circuit Court of Washington County. The order granting the appeal, entered on the date judgment was rendered, recites: ‘ ‘ and said defendant is given forty days from this date in which to perfect his said appeal, give bond, file his bill of exceptions, etc. ’ ’

The appeal bond was filed within the forty days allowed, but more than thirty days from the date the appeal was prayed and granted. The record does not disclose the date on which the said circuit court was…