Opinion
No. 1663
March 31, 1931
APPEAL from District Court, Natrona County; BRYANT S. CROMER, Judge.
James A. Greenwood, Attorney General, Richard J. Jackson, Deputy Attorney General, and George W. Ferguson, Assistant Attorney General, for the motion.
The order appealed from is not an appealable order, but one setting the case for trial. Mitter v. Black Diamond Coal Co., 27 Wyo. 72; Spencer v. Loewenstein, 29 Wyo. 31.
W.B. Cobb, of Casper, Wyo., for defendant and appellant.
The record on appeal shows that appellant is seeking review of a judgment entered May 15, 1929. The notice of appeal, which should have been served and filed within ten days from the entry of the judgment (Sec. 6402, C.S. 1920), was served and filed August 2, 1929, much too late. A motion for a new trial, filed May 23 and overruled July 23, 1929, did not have the effect of extending the time for serving and filing the notice of appeal. Spencer v. Loewenstein, 29 Wyo. 31, 207 P. 1098.
The state's motion to dismiss the appeal must be sustained.
Appeal dismissed.