Pridgen v. Damon

Motion for new trial was overruled in this case on May 11, 1956. The transcript filed in this Court on July 5, 1956, disclosed that a cash deposit in lieu of an appeal bond was made in the court below on June 13, 1956. This was more than 30 days after motion for new trial was overruled and was too late if the time for making such deposit is the same as the time within which an appeal bond must be filed. Rule 356, Texas Rules of Civil Procedure.

On July 9, 1956, appellee filed an unsworn motion to dismiss the appeal on the ground that the cash deposit was made too late and that no appeal bond…