Cude v. Sanderson

. NORVELL, Justice.

Appellee, H. J. Sanderson, has filed a motion to dismiss this appeal on the grounds that subsequent to the filing of an appeal bond in this case, the trial court granted a motion for a new trial and set aside the judgment appealed from.

The rule that the “perfection of an appeal transfers the entire controversy to the appellate court and clothes it with plenary exclusive jurisdiction over the entire controversy, both as to the parties and the subject matter,” is subject “to the power of the trial court to modify or set aside its judgment before adjournment of the term.” 3-A…