McDONALD, Chief Justice.
This is an appeal from a summary judgment that plaintiff take nothing. Such judgment was entered by the Trial Court on October 26, 1962. Thereafter, plaintiff on November 9, 1962 filed motion for new trial. Such motion for new trial was not required in the instant case as a prerequisite for appeal. Rule 324 T.R.C.P. Such motion was filed more than ten days after the date of entry of judgment in the case, being some 14 days after entry of such...
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