Evert L. Hagan and W. Graham v. Joseph C. Whitman

On January 3, 1966, this court heard a motion of certain appellees (a) to affirm the judgment; or (b) to dismiss the appeal; and (c) to award a reasonable attorney’s fee.

On oral argument on January 3, 1966, appellees urged that the notice of appeal had been untimely filed — i. e., more than ten days after the district court entered the judgment against appellants. Appellants revealed they had filed a motion to vacate and amend the judgment below. Appellees replied the judgment had been filed July 27, 1965; and entered July 28, 1965; that appellants had until August 7, 1965 to file their motion to amend; that such motion to amend had not been filed until August 9, 1965. Appellants did not dispute this, or call to the court’s attention that August 7, 1965, was a Saturday, and appellants therefore had until Monday, August 9, 1965, within which to file their motion. (Eule 6(a).) This court thereupon dismissed the appeal.

Thereafter, appellants recollected the days of the week involved, and moved upon grounds of “inadvertent error of fact” to have this court set aside its order of dismissal of January 3, 1966.

Thereupon this court, on its own motion set for hearing on January 31,…