Loper v. Hosier

LOONEY, Justice.

Appellants duly perfected an 'appeal from the judgment rendered against them in the court below, and filed a transcript and statement of the facts in this court on October 19, 1940, which was more than ninety days fro,m the date the order overruling appellants’ motion for a new trial was pronounced, but less than ninety days from the date the order was entered upon the . minutes of court.

On October 19, appellee filed a motion to affirm on certificate, based on the contention that, the transcript and statement of facts were .not filed in this court within ninety days from July…