Tarver v. Godsey

On Rehearing.

On February 27, 1935, appellee filed in this cause his motion to dismiss this appeal, *1033based upon the allegation that appellant failed to give notice of appeal in open court. This motion was carried with the case, and subsequently overruled by our order reversing and rendering the judgment of the lower court. The sole ground for the motion for rehearing was that we erred in overruling this motion.

The order excepting to the judgment of the lower court and giving notice of appeal reads as follows: “To which action and ruling of the court defendant Wm. Tarver excepted and gave notice…