Ullman v. Lutz

Matson, Justice.

Upon respondents’ motion to dismiss an appeal for want of jurisdiction, we have the sole question of whether this court has acquired appellate jurisdiction where a notice of appeal has been served upon the respondents within the time allowed by statute but has not been served or filed with the cleric of the district court until after the time allowed to perfect an appeal has expired.

The issue arises out of a case for the partition of real estate wherein the district court entered an interlocutory judgment decreeing that the real estate be partitioned by sale on September 19,…