Dempsey v. Meighen

Knutson, Justice.

Respondent moves to dismiss this appeal on the ground that it was not perfected within the statutory time.

The appeal is from a judgment entered on June 29, 1959. On December 29, 1959, the last day for appealing from the judgment, appellants served a notice of appeal on respondent’s attorney. They then served the notice of appeal on the clerk of the district court at his home at 6:45 p. m. and paid him the $15 filing fee. The notice was not filed by the clerk until the following morning. An appeal bond was not filed until January 15, 1960.

M. S. A. 605.03 provides:

“An appeal…