Bobbitt v. Cundiff

Opinion op the Court by

Judge Cammack

Affirming in part, and reversing in part.

This appeal is from an order entered March 2, 1940. According to the clerk’s endorsement on the record it was filed in this Court on March 2, 1942. This being more than the two years allowed under section 745 of the Civil Code of Practice for taking an appeal, the appellees have filed a motion to dismiss it. In reponse to appellees’ motion the attoney for the appellant has filed Ids affidavit stating he brought the record to the clerk’s office in person, together with his check for the filing fee, on February…