Sanders v. Loyd

Before entering into a consideration of this appeal it is proper to dispose of a motion by defendant in error Sanders to dismiss the appeal on the grounds the appeal was perfected more than thirty days after entry of final judgment, the record showing final decree entered on December 7, 1959, and appeal bond filed on January 11, 1960. Also, on the further ground plaintiff in error was required by order to file an appeal bond but sought to perfect his appeal by filing a pauper’s oath in lieu thereof.

Disposing of the second ground of the motion first, we hold the order of the court which grants…