Bolton v. Mansfield Hardwood Lumber Co.

GLÁDNEY, Judge.

Our first concern is appellee’s motion to dismiss the appeal.' The motion is based upon the fact that as the appeal 'was taken by or.al motion in open court at a term'other than that at which the judgment was' rendered the'" effort to appeal was abortive; that' under these circumstances it is sacramental that the appeal be taken and perfected by petition' and order of court thereon and service thereof upon the appellee'. Appellant has not filed any opposition to the motion to dismiss..The judgment- . from- which plaintiff sought to appeal was signed July 1, 1953, It' was npt…