Moore v. Wutke

WALKER, Chief Justice.

Carl W. Moore is appellant; W. J. Wutke is appellee. The judgment herein was rendered and entered in the district court of Jefferson county on the 19th day of December, 1939. At the time judgment was rendered, appellant gave notice of appeal to this court; he filed no motion for new trial. On the 16th day of January, 1940, more than 20 days after the rendition of the judgment, appellant filed the following affidavit in lieu of a cost bond:

“No. 52197

“To the Honorable Judge of Said Court:

“Carl W. Moore, plaintiff in the above entitled and numbered cause, pending in the…