Bau v. Short

On January 4, 1929, we sustained a motion interposed by appellees and dismissed this appeal for want of jurisdiction over them, their said appearance being a limited one. On February 9, 1929, the appellant filed his motion asking that we set aside said order of dismissal, and reinstate this cause upon our docket. With his said motion, and as a part thereof, he filed two affidavits which will be hereafter noticed.

The transcript of the record herein, duly certified, contains the following entry: “And afterwards, to wit, on the 9th. day of July, .1928, the same being in vacation, the following…