Lynde v. Wurtz

This is a forcible entry and detainer action. The issues were appropriately made in the county court and after hearing on the merits judgment was entered August 28, 1945, finding generally for plaintiff. Defendant filed a bond for appeal to the district court on September 6, 1945. It was approved on that date. However, the transcript was not filed in the district court until October 9, 1945. Thereafter, plaintiff filed a motion in the district court to dismiss the appeal for the reason that it was not perfected within 30 daysinext following rendition of the judgment, as required by section…