Franks v. Harper

Plaintiff, as administrator of the estate of Joyce B. Harper, deceased, filed suit in his capacity as administrator against defendant to recover a money judgment. The trial court rendered judgment in favor of plaintiff and against defendant on June 16, 1961. On June 26, 1961, the judgment was signed by the district judge, and on the same date, defendant moved for a suspen-sive and devolutive appeal to this court. The motion was granted by the district judge and the return date was fixed at not later than August 19, 1961. On September 25, 1961, counsel for defendant filed a written motion in…