King v. American Nat. Bank

McCLENDON, Chief Justice.

The motion to dismiss is predicated upon the assertion that no notice of appeal in open court was given, and therefore this court is without jurisdiction to entertain the appeal. The record facts follow:

The judgment was rendered December 19, 1938. It does not recite that exception was taken or that notice of appeal was given. On the same day appellant filed a paper with the clerk, excepting to the judgment and giving notice of appeal, and requesting “this Honorable Court to make and file its findings of fact and conclusions of law, upon which such judgment was based.”…