Cooke v. Traver

LUSK, Acting Chief Justice.

Respondent has moved to dismiss the appeal for the reason that the notice of appeal given by the appellant does not comply with the statutory requirement that, after service of such notice on the adverse party or his attorney, “the original, with proof of service indorsed thereon”, shall be filed with the clerk of the court in which the judgment, order or decree is entered. The statute provides:

“If the appeal is not taken at the time the decision, order, judgment or decree is rendered or given, then the party desiring to appeal may cause a notice signed by himself…