Fagerberg v. Denny

Counsel for plaintiff herein has moved to dismiss the appeal on the ground that it was not taken in time. The motion is late hut counsel justifiably excuses it by pointing out that until our decision in Southwestern Freight Lines, Ltd., et al., v. Norma Shafer et al., ante, p. 111, 111 Pac. (2d) 625, the trial bench and the bar were not certain as to just when, under the new rules, the time for taking an appeal began to run.

Upon an examination of the record it appears that on February 5, 1940, the trial judge made his written decision in Yuma county and transmitted the same to the clerk of…