Burkham v. Ward

FANNING, Justice.

The procedural facts disclosed by the record in this case show the appeal bond *453was not timely filed and that this court must dismiss the appeal for lack of jurisdiction.

The judgment of the trial court was rendered August 27, 1959. The appellant, as defendant in the trial court, filed a motion for new trial on September 2, 1959. No amended motion for new trial was thereafter filed. The motion for new trial was heard by the trial court on September 25, 1959 but it was not determined by the trial court within 45 days after it was filed. The written order of the trial court…