Harbaugh v. Utz

Appellee moves to dismiss the appeal on the ground that the notice thereof was not filed within the time provided by law.

On February 7,1957, the court made the following entry on its trial docket:

“February 7, parties present with counsel. Jury waived; stenographer ordered. Trial had. Finding in favor of plaintiffs and against defendants and damages assessed at one hun dred dollars ($100) and costs. Judgment on findings. (Signed) Judge Macelwane.”

On the same day, the docket entry was recorded on the journal by the clerk. Counsel for the parties were unaware of the journalization by the clerk…