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VERITAS OIL CORPORATION v. McLAIN

No. 4039.

4 F.2d 389 (1925)

VERITAS OIL CORPORATION v. McLAIN et al.

Circuit Court of Appeals, Fifth Circuit.

February 5, 1925.

Attorney(s) appearing for the Case

Joseph W. Bailey, Jr., of Dallas, Tex. (J. W. Bailey and Luther Nickels, both of Dallas, Tex., on the brief), for plaintiff in error.

H. A. Cunningham, of Bonham, Tex., and Mark McMahon, of Fort Worth, Tex. (Cunningham, McMahon & Lipscomb, of Bonham, Tex., on the brief), for defendants in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

At the threshold of this case we are met with a motion to dismiss upon the ground that the writ of error was not "sued out * * * within six months after the entry of * * * judgment." The record discloses that the judgment below was entered on June 6 and the motion for new trial overruled on June 10, 1922. While the supersedeas bond bears the file mark of December 4, it is shown that both it, the petition for writ of error, and order thereon...

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