Pyle v. Yantis

BOND, Chief Justice.

The attempted appeal in this case is predicated on the filing of an appeal bond in the court below on September 2, 1939; the judgment was entered on May 18, 1939, motion for new trial was filed on May 30, 1939, and, without a written agreement to postpone hearing, the motion was not acted on by the trial court until August 14, 1939, one hundred and seven days after its filing.

The motion for rehearing having been filed, but not presented within thirty days after the date of its filing, and not determined within forty-five days, under subdivision 28 of article 2092, R.S., as…