Rogers v. Potter

DIXON, Chief Justice.

This is a suit on a promissory note dated October 6, 1949, due 90 days after date. Appellant, who was defendant in the trial court, pled the four year statute of limitations, Vernon’s Ann.Civ.St. art. 5527, as his defense.

Judgment was rendered for $12,974.81 in favor of appellee on September 20, 1954. Motion for new trial was not filed until October 11, 1954, twenty-one days after the date of the judgment. The court overruled the motion for new trial on November 17, 1954. Appellant filed his appeal bond on November 18, 1954, fifty-eight days after the court had rendered…