Davenport v. Kelly

On Rehearing.

Appellant insists that we are in error in dismissing this case for want of jurisdiction. The record does not show that notice of appeal was given in open court; The county judge who tried the case certifies that within due time, and before the adjournment of the term of the court at which the case was tried, the attorney for appellant, Merton L. Harris, “came into my office and stated that he wished to except to the judgment and take an appeal in the case, but that I, through inadvertence, failed to enter said notice of appeal and exception on the docket, and the same is not…