BERGMAN v. WEST

No. 3120.

262 S.W.2d 435 (1953)

BERGMAN v. WEST.

Court of Civil Appeals of Texas, Waco.

November 12, 1953.


Attorney(s) appearing for the Case

V. A. Collins, Livingston, Brad Pickett, Liberty, for appellant.

Thos. J. Hightower, Liberty, Jeff Cochran, Cleveland, for appellee.


McDONALD, Chief Justice.

Appellant as plaintiff obtained a judgment on the verdict of a jury in the Trial Court. Appellee (defendant) filed a Motion for a New Trial. The Trial Court refused to hear said motion, taking the position that it came too late and had been overruled by operation of law. Appellee excepted to the Court's ruling and gave notice of appeal on the same day, and on the following day filed and had approved his appeal bond, thus perfecting his appeal...

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