Irving v. Sheetz

THE COURT.

On June 3, 1938, we entered an order denying the motion to dismiss the appeal in the above-entitled cause. Upon reconsideration, we find that the record herein indicates that the judgment in the superior court was signed May 10, 1937, and entered by the clerk thereof on May 13th. No notice of entry of judgment was served upon the attorneys for the plaintiff until September 15, 1937. The notice of intention to move for a new trial was served and filed September 18th, and plaintiff’s notice of appeal was not served or filed until December 17th, which was more than seven months after…