Marten v. Hess, 10914.
| Decision Date | 06 June 1949 |
| Docket Number | No. 10914.,10914. |
| Parties | MARTEN v. HESS et al. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Brady, Whitehead, O'Connor & Simmons, Toledo, Ohio, for appellant.
Welles, Kelsey, Fuller, Cobourn & Harrington, Toledo, Ohio, for appellees.
Before HICKS, Chief Judge and MARTIN and McALLISTER, Circuit Judges.
The above cause came on to be heard on appellees' motion to dismiss the appeal on the ground that this court is without jurisdiction to hear the appeal inasmuch as notice of appeal was not filed within the time prescribed by the Federal Rules of Civil Procedure, 28 U.S.C.A.
It appears that judgment was entered December 1, 1948. On December 19, 1948, appellant filed a motion for a new trial, which was denied January 11, 1949. On February 23, 1949, appellant filed a motion for leave to file a motion for a new trial on the ground of newly discovered evidence. This motion was denied March 16, 1949. On March 8, 1949, appellant moved to set aside the verdict and judgment and for a new trial. This motion was denied on March 16, 1949. On March 25, 1949, appellant filed a motion for rehearing of the motion to set aside the verdict and judgment and for a new trial. This motion was denied on April 7, 1949. Notice of appeal was not filed until April 14, 1949. Rule 73 of the Federal Rules of Civil Procedure provides, in part:
It is fundamental that the time requirement within which an appeal must be taken is mandatory and...
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