McSpadden v. Mahoney

SUPPLEMENTAL OPINION ON REHEARING

IRWIN, Justice.

In his petition for rehearing, defendant in error contends the time for filing the appeal herein expired December 10, 1963; that the same was not filed until December 11, 1963; therefore, this Court has no jurisdiction. We have carefully examined the orders of the trial court extending the time in which to make, prepare and serve case made and the time within which the appeal could be lodged and agree with defendant in error that if the appeal was not filed in this Court on or before December 10, 1963, the same was not filed within the time…