Strode v. Abshire

WILLIAMS, Vice Chief Justice.

On November 3, 1953, the trial court entered a judgment in favor of F. W. Abshire against W. Elmer Strode on a promissory note. The only defense was an objection to the action of the trial court in allowing plaintiff to reopen the case and submit evidence of payment of taxes on the note as alleged in the petition. The time in which to appeal expired March 18, 1954, three months after the overruling of the motion for new trial. On April 9, 1954, defendant filed a petition for new trial. The court denied the petition and defendant appeals.

A motion to dismiss has…