Legal Opinion

Gist v. Holt

Court of Appeals of Texas

Decided May 27, 1943No. 4143PublishedCited by 9 opinions

1Opinion of the Court

O’QUINN, Justice.

Appellee’s motion to dismiss the appeal in this case must be sustained.

The judgment bears date November 30, 1942. Appeal bond was filed January 13, 1943. Thus it was not filed within thirty days after the date of the judgment as required by Rule 356, Texas Rules of Civil Procedure.

Appellant points out that the judgment as copied into the transcript shows that same was filed with the clerk on December 24, 1942, and insists that time for filing appeal bond should be computed from that date. The courts have decided the point contrary to this contention. It now appears settled…

2Cited by9 opinions

  1. Howe v. HoweCourt of Appeals of Texas · 1949
  2. Cox v. PayneCourt of Appeals of Texas · 1950
  3. Leuer v. SmithCourt of Appeals of Texas · 1960
  4. Duncan v. DuncanTexas Supreme Court · 1963
  5. G. & H. Equipment Co., Inc. v. AlexanderCourt of Appeals of Texas · 1976

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