Bostwick v. Bucklin

■ NORVELL, Justice.

This case involved a construction of Rule No. 386 of the Texas Rules of Civil Procedure. The question, stated specifically, is: Does the phrase, “within sixty ■days from the final judgment” refer to the time of rendition of judgment or to the time of entry of judgment?

The question arises in the following manner: The appellant, Malcolm E. Bost-wick, sued appellee, E. I. Bucklin, for the recovery of certain monies allegedly collected by Bucklin as Bostwick’s agent. Trial was to the court without a jury and the trial judge, upon conflicting evidence, rendered judgment for…