WITT v. MERRILL

No. 6740.

208 F.2d 285 (1953)

WITT v. MERRILL et ux.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1953.


Attorney(s) appearing for the Case

Charles J. Henderson, Charlotte, N. C., and William E. Chandler, Jr., Greenville, S. C. (Henderson & Henderson, Charlotte, N. C., and Chandler & Chandler, Greenville, S. C., on brief), for appellant.

C. T. Wyche and Alfred F. Burgess, Greenville, S. C. (Wyche, Burgess & Wyche, Greenville, S. C., on brief), for appellees.

Before PARKER, Chief Judge and SOPER and DOBIE, Circuit Judges.


PER CURIAM.

This is a motion to docket and dismiss an appeal on the ground that it was not taken within the thirty days allowed by rule 73(a) of the Rules of Civil Procedure, 28 U.S.C.A. It appears that the notice of appeal was duly filed within thirty days of the denial of a motion for a new trial made by appellant but more than thirty days after the entry of the judgment in the case.

When the jury returned a verdict for defendant on March 6, 1953, counsel...

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