Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Kearns

The appellees contend that, as the transcript of proceedings below was not filed here within 180 days from the date of the overruling of the motion of appellant for a new trial, this appeal should be dismissed.

*6*5The transcript was filed within 180 days from the date the court overruled appellant’s motion to modify *6the judgment rendered. This motion to modify was filed upon the last day of the term at which the motion for a new trial was overruled and the judgment rendered. The filing of a motion to modify a judgment suspends and. postpones the finality of the jfidgment until the motion to…