Brandon v. Tartt

COE, Chief Justice.

Appellee has moved to dismiss this appeal for the reason that the appeal bond was not filed within 30 days after the overruling of appellant’s motion for new trial in the trial court. Upon an inspection of the record we find that appellant’s motion for a new trial was overruled on the 16th day of August, 1948. Thereafter on August 26th appellant filed an affidavit of his inability to pay the cost of appeal or any part thereof or to give security therefor. On September 1, 1948, appellee filed, in due form, a controverting affidavit contesting the affidavit theretofore filed…