Matyas v. Yurko

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the District Court of the Second Judicial District of the county of Morris, and the first question to be decided is whether the appeal may be considered upon the merits or must be dismissed. Bespondent insists that the appeal should be dismissed because it was not perfected within the time fixed by statute. Appellant requests “the court to exercise its discretion to permit the appeal to proceed upon the merits of the ease.”

The case was tried January 24th, 1934. The testimony was taken down…