Warren v. Pace

On a former day of this term we overruled appellee’s motion to strike out the transcript and dismiss the appeal in this case, without a writteri opinion. Appellee, hy his motion for a rehearing, insists that we erred in this former order. The ground urged for striking out the transcript and dismissing the appeal is that it is alleged that the record was filed 91 days after the date of filing the affidavit in lieu of a bond in the trial court.

The record shows that appellant was a resident of Coke county, Tex.; that the suit was filed and tried in the district court of Runnels county, Tex.;…