Heiland v. Hildebrand

OPINION

By HORNBECK, P. J.:

This appeal was noted as upon law and fact but as it was predicated on a money judgment, manifestly it could not be such type of appeal and counsel have at all times presented it as an appeal on questions of law. The Court will so consider it.

At the outset, we are confronted with a motion of the Appellee to dismiss the appeal for the reason that no motion for new trial was filed within the period prescribed by law.

If it be granted that the motion was not filed within time, the appeal would not be dismissed but we would be precluded from considering any assignment of…