Hodge v. Monroe Mercantile Co.

The opinion of the court was delivered by

Blanci-iard, J.

A motion to dismiss this appeal is filed.

The first ground is that the order of appeal fixes the return day thereof at a date more than sixty days from the rendition of the judgment appealed from.

In point of fact the trial judge, through error of calculation, made the appeal returnable sixty-two days from the date of his order granting the appeal, instead of sixty days as was his intention. He certifies to this over his own signature, and states, further, that the error was his and not that of appellants, whose motion for appeal prayed…