Glasgow v. Hurley

On Rehearing

In one of his assignments appellee says that we erred in overruling his motion to dismiss this appeal, it clearly appearing in the record that appellants failed to present their motion for new trial to the court.

Rule 329-b, Sec. 4, Vernon’s Ann.Civ.St. expressly provides that if a motion for new trial is not presented within thirty days it will be overruled by operation of law forty-five days after the date of filing thereof, unless disposed of by an order rendered before said date.

In another assignment appellee says that we erred in holding that appellee’s suit was barred by the…