Sundermeyer v. Levy

GRAVES, Justice.

The record in this cause, which has been brought here upon writ of error, without a statement of facts, but containing findings of fact and conclusions of law of the trial court, uncontradictedly shows the following:

The defendants in error here were plaintiffs below, while the plaintiffs in error Sundermeyer were the defendants below, along with one Patillo, who accepted the trial court’s judgment therein, making no effort to appeal; further, that in the trial court “on December 11, 1935, defendant Sundermeyer and wife filed their motion for new trial, and on December 31,…