Veritas Oil Corp. v. McLain

DAWKINS, District Judge.

At the threshold of this case we are met with a motion to dismiss upon the ground that the writ of error was not “sued out * * * within six months after the entry of * * * judgment.” The record discloses that the judgment below was entered on June 6 and the motion for new trial overruled on June 10, 1922. While the supersedeas bond bears the file mark of December 4, it is shown that both it, the petition for writ of error, and order thereon by the trial court wore not actually lodged with and filed by the clerk below until the 14th day of December, 1922, more than six…