Gardner v. B. F. Saul Co.

Appellant moved in the trial court to vacate a default judgment entered against him for possession of certain premises for nonpayment of rent. This motion was denied on June 28, 1955. On August 11, he filed a second motion which, for all practical purposes, was a motion for rehearing of the motion to vacate. This motion was denied on September 3 and on September 9, he filed notice of appeal.

While this case was argued before us on the merits, we cannot escape our responsibility of considering the jurisdictional question of whether the appeal was timely. The notice of appeal expressly states…