Bruce v. San Antonio Music Co.

SMITH, Chief Justice.

Appellees have moved to dismiss this appeal on the ground that appellant’s appeal bond was not filed below “within thirty days after the date of judgment,” as required in Rule No. 356, Texas Rules of Civil Procedure.

The record shows that on June 29, 1942, at the conclusion of the evidence, the trial judge instructed the jury to return a verdict in favor of appellees, and that in pursuance of that instruction the jury returned such verdict on the same day, June 29th. It appears from a certificate of the trial judge that upon receipt of the verdict the judge ordered it…