United States Cold Storage Co. v. Richards

BROWN, Justice.

At the outset, we are confronted with a motion on the part of appellee to dismiss the appeal on the ground that appellant’s motion for a new trial was overruled on July 31, 1933, but that the order overruling same was not entered on the minutes of the trial court until August 31, 1935, and, the appeal bond having been filed on August 19, 1935, same was prematurely filed, and cannot support the appeal.

If appellee’s contention is correct, we have no jurisdiction, and the motion to dismiss is well taken.

But we cannot agree with appellee, and feel that the motion must be overruled.

T…