Old Pueblo Transit Co. V. Corporation Commission

The attempted appeal in this case is being disposed of on appellee's motion to dismiss the appeal for want of jurisdiction upon the ground that the appeal was not perfected within the rule time allowed for taking an appeal. The judgment appealed from set aside an order of the Arizona Corporation Commission granting to appellant, Old Pueblo Transit Company, a certificate of necessity and convenience to operate a bus line over certain territory in the city of Tucson. Judgment was entered and filed on November 13, 1950. Being dissatisfied with this judgment, appellant has attempted to appeal therefrom. The provisions of the rule governing an appeal in this situation is section 69-249, A.C.A.1939, which, in part, provides as follows: "Either party to said action, or the attorney-general on behalf of the state, within thirty (30) days after the rendition of the judgment of the superior court, may appeal to the Supreme Court. * * *" Notice of appeal was filed with the clerk of the superior court on January 23, 1951, 71 days after entry of judgment. The appellant, in resisting the motion to dismiss, shows: