Backstrom v. New York Life Insurance Co.

Plaintiff, respondent, moves to dismiss the appeal taken by defendant from the order setting aside the verdict and granting a new trial, on the ground that the appeal ivas not taken within 30 days after plaintiff served defendant with written notice of the order. The order was made and dated March 21, 1032. Plaintiff next day sent a copy of the order with written notice to defendant, and the latter by letter dated March 23 acknowledged receipt thereof; but the order was not filed with the clerk of the court until April 13, 1932. The appeal was taken May 12, 1932.

The district court is a court…