Union Trust Co., Exr. v. Burke

Appellee has entered her special appearance herein, and filed motion to dismiss this appeal, averring in said motion that the appeal was not taken “within the time allowed by law.”

Appellee asserts, and the record discloses, that appellant’s motion for a new trial was overruled and final judgment on a verdict returned by a jury rendered April 23, 1937; that, thereafter, on October 22, 1937, appellant filed with the clerk of this court a transcript of the record together with its assignment of errors thereon. It thus appears that more than 180 days elapsed between the date of rendition of final…