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BIRDWELL v. SMITH

364 S.W.2d 944 (1962)

James Estle BIRDWELL b/n/f v. Herbert SMITH. George Estle BIRDWELL v. Herbert SMITH. John Henry COFFELT b/n/f v. Herbert SMITH. Agnes Aleen COFFELT v. Herbert SMITH.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied February 7, 1963.

Attorney(s) appearing for the Case

Geary P. Dillon, Whitwell, for plaintiff.

Raulston, Raulston & Swafford, Jasper, for defendant.

Certiorari Denied by Supreme Court February 7, 1963.

SHRIVER, Judge.

I

Motions to dismiss the plaintiffs' appeals herein were filed on the ground that the plaintiffs did not perfect their respective appeals in error by filing appeal bonds within the 30 days allowed from the entry of the order overruling the motion for a new trial. However, at the hearing, counsel for defendants below stated that he did not desire to rely on said motion and withdrew...

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