Gray v. Port Arthur City Lines, Inc.

O’QUINN, Justice. Appellant brought' this suit in the 60th district court of Jefferson County, Texas, for himself, and in behalf of his wife, Ola Gray, against appellee, to recover damages alleged to have been sustained by his wife, by and through the negligence of appellee, resulting in a judgment denying appellant any recovery.. From that judgment he brings this appeal. At the outset we are faced with a motion duly filed to dismiss the appeal. The appeal was attempted by affidavit in lieu of an appeal bond. The term of the court at which the case was tried could, and in fact did, continue more than eight weeks. The motion for a new trial was overruled on July 10, 1940 but not entered of record until July 12, 1940; the affidavit was filed August 2, 1940. This was more than 20 days after the motion for a new trial was overruled. The Civil District Courts of Jefferson County operate under Article 2092, R.S.192S, Vernon’s Ann.Civ.St. art. 2092. This article provides that appeal bonds shall be filed within 30 days after the order appealed from is rendered. It is silent with respect to the time in which an affidavit in lieu of a cost bond must be filed. Under Article 2093, Vernon’s Ann.Civ.St. art. 2093, which also relates to and governs trials and trial procedure in Jefferson County, the affidavit in lieu of bond must be filed within 20 days as allowed by Article 2253, Vernon’s Ann.Civ.St. art. 2253. As the affidavit was not filed within 20 days after the motion for a new trial was overruled, it was too late and did not confer jurisdiction on this court to entertain the appeal. Moore v. Wutke, Tex.Civ.App., 145 S.W.2d 224, writ refused. The motion to dismiss is sustained, and the appeal dismissed.