Tibbals v. Brandon

OPINION

By THE COURT.

Submitted on motion of the plaintiff-appellee seeking an *34order dismissing the appeal on law and fact for the reason that the appeal bond was not filed within the time required by §12223-6 GC. The record reveals that the order appealed from was entered on June 6, 1951; that a motion for new trial was filed on June 16, 1951, notice of appeal filed on June 25, 1951, and motion for a new trial was overruled on July 18, 1951. It will be noted that the notice of appeal was filed before the overruling of the motion for a new trial. This constituted a waiver or withdrawal of the…