Charness v. Carnevale

NORTHCUTT, Justice.

The question here involved is whether this cause should be affirmed on certificate. The case was heard by the trial court without a jury. On August 31, 1960, judgment was entered in favor of appellees. At the time of entry of the judgment, appellant excepted and gave notice of appeal and'on September 3, 1960 filed in said cause his supersedeas bond, without having filed a motion for new trial, and had the same approved and filed on that date by the district clerk. Thereafter, on September 8, 1960, the appellant filed a motion for new trial and then on September 27, 1960,…