Scott v. McClain

The appellee McClain files his motion in this court, praying that the judg ment in the court below be affirmed, and that 10 per cent, damages be assessed for delay. We think this motion is prematurely filed. The case was tried in the county court of Collingsworth county on the 10th day of March, 1922. The amended motion for new trial was filed March 17, 1922, and overruled by order duly entered on the same day. Supersedeas bond on appeal was filed and approved April 4, and the court adjourned the 2oth day of March, 1922. Article 160S, Y. S. C. S., provides that the plaintiff shall file his…