Evans v. Barber Super Markets, Inc.

COMPTON, Chief Justice.

Unfortunately this appeal cannot be disposed of on the merits due to appellants’ failure to comply with the provisions of Sec. 21-2-1(5) (1), 1953 Comp., being our Appellate Rule (5) (1), which reads:

“Within thirty days from the entry of any final judgment in any civil action any party aggrieved may appeal' therefrom to the Supreme Court * *

Pursuant to a motion filed by the defendant, Barber Super Markets, Inc., the complaint was dismissed for failure to state a claim upon which relief could be granted. The order of dismissal was entered August 29, 1960. The appellants…