Boren v. Cerf's Trust Estate

ALEXANDER, Justice.

This is an application to dismiss the appeal -on the ground that the record was not filed in this court within the time provided by law. The order overruling motion for new trial is dated August 7, 1940, but was not entered in the Minutes until August 12, 1940. Affidavits filed in connection with the contest here under consideration make it clear that the judgment overruling motion for new trial was actually pronounced on August 7, 1940, but the order evidencing same was not signed until sometime thereafter and was not filed with the clerk until August 12th. No motion has…