Dittman v. Model Baking Co.

The Court of Civil Appeals at San Antonio, in an opinion by Associate Justice Smith, denied a motion to dismiss, which was based on the ground that the appeal bond was filed too late; and error is assigned to this ruling.

Upon the rendition, in the district court, of judgment for defendant on demurrers, plaintiff gave notice of appeal. Five days later he filed a motion for new trial. It was heard and considered, and, after argument of counsel, was overruled by the court on the ground that it was without merit. The plaintiff immediately gave a second notice of appeal, and 20 days later, but 25…