The reason for the two appeals arises out of the following situation: The cause was tried in May of 1957. A motion for new trial was filed and overruled during the same term. An appeal was filed with this court in December, 1957, by the defendant from the judgment rendered in favor of the plaintiff, being in Case No. 38,095. The defendant filed its brief in January, 1958, and plaintiff filed his briefs in...
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