295 N.W. 513 | Minn. | 1941
The judgment appealed from was rendered May 25, 1940, and the time to appeal therefrom expired November 25, 1940, the day of the hearing of the appeal from the order denying a new trial. On such hearing respondent moved to dismiss the appeal on the ground that it was not taken within 30 days after service of notice of the filing of the order on appellant by respondent, and hence this court was without jurisdiction. On authority of Johnson v. Union Savings B. T. Co.
Of course the bond is inadequate, there are no sureties, and it is not in the form required by the statute. The judgment appealed from exceeds $1,500. The inadvertence or mistake of his attorney should not preclude appellant from having the appeal heard and determined. In Sworski v. Colman,
It is further ordered that the printed record and briefs served and filed in appeal No. 32,587 from the order denying a new trial will be allowed as the record and briefs in this appeal, No. 32,785, from the judgment, with such additions as the parties deem necessary thereto.