Canzler v. Mammoliti

Respondent moves to dismiss this appeal upon the ground that notice of appeal was not given within the time required by law.

Chronologically, the procedural facts necessary to our decision are these:

September 18, 1951, the trial court signed its findings of fact, conclusions of law, and judgment. They had been served on appellants’ counsel on July 27th. An order of the trial judge found that these were signed with full knowledge of appellants’ counsel.

September 27th, counsel filed a motion to vacate the judgment and for a new trial. It was not served upon counsel for respondent until October…