Moss v. State ex rel. Warner

OPINION

By THE COURT

The above entitled cause is now being determined on motion of defendant in error to dismiss petition in error on the ground that same was not filed within the statutory limit.

An inspection of the record discloses that the action below was an action for money only. While a jury case it was tried to the court. The finding was for defendant in error and against plaintiff in error. Such finding was made by the trial court on August 12, 1935, and simultaneously therewith judgment was entered and journalized. Defendant below, Vernon W. Moss, filed motion for new trial August…