An interesting illustration of the present condition of the
law is found in an appeal recently decided by the Court ot
Appeals ; though the appeal was prayed four years ago, and
was decided more than a year ago, and though petition for
a rehearing of the same has been overruled, still counsel are
seriously contending that the judgment of the Court of
Appeals is a nullity, because it turns out that the appeal was
prayed from the Clerk of the Court of Appeals on the sixtieth
day after the rendition of the judgment instead of the sixty-first.
This, then, is the first important change I would suggest in
our statutes, to-wit : That parties be allowed to pray an
appeal from the Clerk of the Court of Appeals even during
the term at which the judgment is rendered. This right is
one which was very rarely exercised under the old code, and
would be very rarely exercised now ; but when necessary it is
of very great importance. To be sure, process of mandamus
from the Court of Appeals to lower courts may be asked, but
the filing of a mandamus petition against the judge to com-
pel him to grant an appeal is not desirable.
