Dillard v. McClain

Appellee filed a motion to dismiss the appeal because the appeal cost bond was not filed within' 30 days after rendition of judgment in the trial court.

Judgment was rendered July 7, 1958. Appellant filed an original motion for new trial July 25th, the 18th day after judgment, and on August 2nd filed an amended motion. The same date, August 2nd, the amended motion was overruled. Thereafter, on August 18, 1958, the appellant filed an appeal cost bond.

The motion for new trial was not filed within 10 days after judgment was rendered as required by Rule 329-b, Sec. 1, Vernon’s Ann.Texas Rules.…