Dillard v. McClain

The Court of Civil Appeals dismissed an attempted appeal because the appeal bond was not filed within thirty days after rendition of judgment in the trial court. See, 322 S.W. 2d 26.

When the provisions of the Special Practice Act (Article 2092, Vernon’s Ann. Texas Stats,, now repealed) were for the most part incorporated in the 1941 Texas Rules of Civil Procedure, it became necessary to construe the same in connection with Rule 5. Consequently the filing of a tardy motion for new trial cannot operate to extend the time for filing an appeal bond under Rule 356 even though the late motion be…