P. S. Jones & Co. v. Collins

Walker, Associate Justice.

Judgment was rendered in a justice court May 1, 1885. Motion for new trial was filed May 2. It was not acted on within ten days, and on May 15, at request of the defendant, it was overruled and he gave notice of appeal. On the twenty-first of May he filed an appeal bond. The appeal was dismissed, and from the judgment an appeal to this court was prosecuted.

The Court of Appeals in Grant & Kenner v. Fowzer Bros., volume 3, part 1, Willson’s Appealed Cases, has held: “If a motion for a new trial has been filed within five days after the rendition of the judgment, but no…