Thomas v. Murphy

GRAVES, Justice.

On a former day of this term, without written opinion, this court sustained a motion of the appellees to dismiss the appeal in this cause on a holding that there was no jurisdiction here to further entertain it, since, under the facts presented, the appellant’s motion for new trial below was not presented there within the 30 days after it was filed as required by subdivision 28 of article 2092 as amended (Acts 41st Legislature, 5th Called Session, c. 70 [Vernon’s Ann. Civ. St. art. 2092, subd. 28]); the court a quo being one subject to the provisions of chapter VI of title 42…