Silverton

This is a motion by appellee to dismiss an appeal from a judgment of the United States District Court for the Southern District of California, Southern Division, for failure to file notice of appeal within thirty days following the entry of the judgment on December 19} 1955. The motion was submitted on the transcript of the record and the affidavits filed on behalf of each party.

The question is whether any of the clerks in the office of the clerk of the court below acquired custody on or before January 18, 1956 of a notice of appeal from Silverton, such receipt by the clerk or a deputy being all that is required to establish jurisdiction in this court. Kahler-Ellis Co. v. Ohio Turnpike Comm., 6 Cir., 1955, 225 F.2d 922 ; Casalduc v. Diaz, 1 Cir., 1941, 117 F.2d 915 .

To support the contention of lack of jurisdiction, appellee points to page *144 37 of the transcript where appears Silverton’s notice of appeal dated January 17, 1956 and having attached to it an affidavit of its mailing to the appellee; executed before a Los Angeles notary public who dated his certificate January 17, 1956. This notice of appeal with its attached certificate is endorsed by the clerk as “Filed…