English v. Smith

OPINION

Harkins, District Judge.

This is a proceeding by direct appeal in which the defendant and appellant seeks a review of an order overruling his motion to vacate a judgment previously entered.

The record discloses that the order appealed1 from was entered in the District Court Journal on October 30, 1950. No endorsement of the clerk of the district court *52appears on the record on appeal showing specifically the date of the filing of said record in the office of the clerk of said court. It is apparent, however, that the record on appeal was not made up in condition to be filed earlier than…