Spicer Fuel Co. v. Padgett

The plaintiff has moved to dismiss an appeal of the named defendant on the ground that it was not taken within the time allowed. The entries in the docket of the trial court show the following facts: On February 21, 1962, the court rendered judgment for the plaintiff; on February 22, 1962, "Judgment file prepared and mailed out"; on March 10, 1962, "Defendant's appeal filed"; and on March 13, 1962, plaintiff's motion to dismiss the appeal was filed.

Under the appellate procedure prescribed by the rules of the Circuit Court, a party appealing must file his appeal within two weeks from "the…