Findy v. Bodine

Appellee has filed his motion to dismiss this appeal, averring in said motion among other things that the appeal was not taken within the time provided for taking appeals. Appellant has not questioned this motion by answer or otherwise.

Appellee asserts, and the record verifies, that final judgment was entered on December 12, 1938, and the motion for a new trial was overruled on May 19,1939, and that thereafter on September 11, 1939, appellant filed with the clerk of tins court a transcript of the record, together with assignment of errors thereon, and it appears therefrom that more than…