Ferguson v. Fonner

An appeal from a judgment entered against appellant Fonner in an action to recover a debt.

Respondent moved to dismiss" the appeal on the ground that the notice of appeal was not filed within the time prescribed by statute.

The judgment appealed from was entered on June 12, 1925, and on June 15, 1925, a notice of its entry was served on appellant. On June 25, 1925, a notice of intention to move for a new trial was filed, the notice stating that the motion would be presented on the minutes of the court and by affidavits. The motion was not presented until August 24, 1925, on which date it was…