Gwinn v. Ryan

This is a motion to dismiss an appeal on the ground that the notice of appeal was not filed within the time specified in rule 2 of the Rules on Appeal.

Plaintiff brought an action for damages for personal injuries allegedly sustained by her on February 8, 1942, as the result of defendant’s negligence in operating his automobile in which she was a passenger. Her complaint was filed on February 3, 1943, while defendant was in the United States Navy, where he remained until October 25, 1945. She alleged in an affidavit (pursuant to section 525 of the Soldiers’ and Sailors’ Civil Relief Act [54…