Arndt v. Minnesota Education Association

Nelson, Justice.

The plaintiff, John Arndt, appeals from a judgment entered on October 14, 1964. The notice of appeal was served upon the defendant, Minnesota Education Association, by mail on January 26, 1965, 104 days after the entry of the judgment. Defendant moves to dismiss the appeal because of plaintiff’s failure to take it within 90 days following the entry of judgment.

Minn. St. 605.08, subd. 1, as amended by. L. 1963, c. 806, § 7, provides: “An appeal from a judgment maybe taken within 90 days after the entry thereof, * * The. statutory limitation of time within which to appeal from a…