Hough v. Roberts Mining & Milling Co.

Under the record, appellant's purported bill of exceptions showing among other things, that the "Notice of Appeal from Order Granting Defendant's Motion for New Trial," dated January 8, 1936, was served January 8, 1936, and was filed January 10, 1936, in the trial court, and that the "Undertaking on Appeal," dated January 15, was filed in said court and action January 17, 1936, being more than five days, to wit, nine days, from the date of service of said notice of appeal, and more than five days, to wit seven days from the date of filing of the clerk's office of said notice of appeal, it…