Nichols

On the 6th of July, 1878, a judgment was entered against Carmen Dunphy, from which, and from an order denying her motion for a new trial, she appealed to this court on the 27th of March, 1882.

The respondent now moves in this court to have the appeals from both the judgment and order denying the motion for a new trial dismissed, on the ground that neither of said appeals was taken within the time prescribed by law for taking such appeals. It is conceded that the appeal from the judgment was not. But it is insisted on behalf of appellant that the appeal from the order denying her motion for a new trial was taken in time. For the purpose of determining whether it was or not, it will be necessary to ascertain at what time said order was made.

*144 It appears by the record that the appellant filed and served a notice of her intention to move for a new trial on the 16th of July, 1878, and that the bill of exceptions upon which said motion was based was settled and filed on the 23d of August, 1878.

The motion was submitted and denied on the 12th of March, 1880.

On the 17th of April, 1880, the court made and entered an order in the following words, to wit:

Afterward, on the 27th of…