BISH'S SHEET METAL COMPANY v. Luras

WADE, Chief Justice.

Bish’s Sheet Metal Company as plaintiff commenced this suit in the city court wherein the court granted a judgment of “No Cause of Action” in favor of the defendant, Chris J. Luras, who is the appellant herein. This judgment was entered on February 4, 1960. On February 3, a notice of appeal was mailed to appellant’s attorney. The notice of appeal was filed on February 26, 1960. On retrial of the case in the district court judgment was given in favor of Bish’s Sheet Metal Company, who is the respondent herein.

The sole ground of appeal to this court is that the district…