Johnson v. Olson

The question for decision arises under a motion to dismiss this appeal from a judgment and an order dismissing a motion for a new trial. The contention is that Ch. 124, Laws of 1943, which became effective after the entry of the judgment, governed appellant’s procedure, and that, as the motion for new trial was made, and the subsequent appeal was taken, after the time fixed by that act had elapsed, the appeal should be dismissed.

The judgment was entered on the 6th day of May, 1943. The statute, SDC 33.0702, then read as follows: “An appeal to the Supreme Court must be taken within sixty days…