Appeal and error — time for taking appeal — extension of time.
An appeal from an order taken after the expiration of 30 days from the date of the service of written notice of the filing of the order upon appellant's attorney does not give this court jurisdiction. Neither stipulation of the parties nor the stay of proceedings ordered by the court can extend the time to appeal from an order given by 2 Mason Minn. St. 1927, § 9497.
PER CURIAM.
Our attention has been called to the fact that written notice of the filing of the order in the court below was served upon appellants' counsel on March 9, 1934. Notice of appeal from the order was served and filed in the office of the clerk of the court below on April 10, 1934. This did not confer jurisdiction on this court. 2 Mason Minn. St. 1927, § 9497. There was a stay of proceedings for 40 days granted by the court when the decision was filed. But such stay did not extend the time for taking an appeal. 1 Dunnell, Minn. Dig. (2 ed. Supp.) § 318; Barrett v. Smith, 183 Minn. 431, 237 N.W. 15; General Motors Acceptance Corp. v. Jobe, 188 Minn. 598, 248 N.W. 213.
The appeal is dismissed for lack of jurisdiction.