Wiggins v. Texas & New Orleans R. R.

Judgment, in this case, was rendered against plaintiff April 24, 1930.

A devolutive appeal was granted plaintiff returnable to this court on June 23, 1930.

The record was filed in this court February 28, 1931, more than six months after the return day for the appeal had expired.

On the ground that the record was filed too late, defendant moves to dismiss the appeal.

Appellant contends that he should not be denied his right of appeal because the clerk of court has failed to file the record in time.

*32The main reliance of appellant in support of that contention is based on the decision in Stockbridge…