McKay v. Kelly

• W. O. MURRAY, Jiistice. ■ ■

Appellee, W. A. Nelly, has filed Motion No. 16094, asking that the statement of facts' heretofore filed in this cause be stricken and not considered by the Court. Appellee bases this motion upon two propositions: First, that the statement of facts was not timely filed in the trial court, and, second, that it was not properly authenticated either by the trial judge or by the agreement of parties, as is provided for by Rule 377, Texas Rules of Civil Procedure. The record shpws that judgment was rendered in the trial court on June 8, 1949, and that notice of appeal…