Cutbirth v. Knowles

I dissent from the action of the majority in dismissing the appeal because of the failure of the appellant to file an appeal bond within twenty days from the date he gave notice he would prosecute an appeal from the judgment. By the terms of article 2253, R. S. 1925, a party appealing has thirty days after he gives such a notice in which to file such a bond, if at the time he gives the notice he resides out of the county in which the cause was tried. The notice in the instant case was given August 29.1931, and the bond was filed September 26,1931, which was less than thirty days after the…