Nudd v. Fuller

Respondent has moved to dismiss the appeal herein and affirm the judgment, on the ground and for the reason that the notice of appeal was not served or filed within the time limited by law. Pinal judgment was signed, filed and entered on April 3, 1928. Notice of appeal was served and filed on May 4, 1928.

Section 1 of Rule X of this court, adopted January 14, 1927, and published in 140 Wash., p. xxxv, provides:

“In civil actions and proceedings an appeal from any final judgment must be taken within thirty days after the day of the entry of such final judgment; . . .” (Rem. 1927 Sup., § 308-10).

P…