Moore v. Ashe

COLEMAN, Justice.

Appellee has filed a motion to dismiss this appeal on the ground that this court is without jurisdiction because the appeal was not taken within six months after the judgment appealed from was rendered. § 788, Title 7, Code 1940, provides:

“Appeals under this chapter, except in such cases as a different time is prescribed, must be taken within six months from the rendition of the judgment or decree.”

The record shows that judgment was rendered for the plaintiff on May 26, 1958. Six months after that date expired in November, 1958. This appeal was not taken until February 24,…