Marten v. Hess

The above cause came on to he heard on appellees’ motion to dismiss the appeal on the ground that this court is without jurisdiction to hear the appeal inasmuch as notice of appeal was not filed within the time prescribed by the Federal Rules of Civil Procedure, 28 U.S.C.A.

It appears that judgment was entered December 1, 1948. On December 19, 1948, appellant filed a motion for a new trial, which was denied January 11, 1949. On February 23, 1949, appellant filed a motion for leave to file a motion for a new trial on the ground of newly discovered evidence. This motion was denied March 16,…