Thomas v. Bivin

PotteR, Chief Justice.

This case is here tinder the direct appeal statute and has been heard upon motion to dismiss, upon the stated ground that the record for the appeal was not prepared and filed in the district court within the time allowed by statute.

The “direct appeal” statute, so called therein, provides a method of appeal from the district courts to this court, “separate and independent” from the provisions for the review of civil and criminal causes on proceedings in error. Comp. Stat. 1920, Secs. 6401, 6415. It requires that the appeal be taken by serving and filing notice in writing…