Texas State Life Ins. Co. v. Aparicio

SMITH, Chief Justice.

On May 17, 1939, this Court granted' defendants in error’s motion to affirm on certificate, upon a partial transcript of the record embracing only the judgment of the court below, petition, bond and citation in error, officer’s return, and bill of costs incurred below. Subsequently, on May 20th, defendants in error filed this motion to assess damages on the certificate, against plaintiff in error for delay, as provided in Arts. 18S7 and 1860, R.S.1925. The motion must be overruled.

It has always been the rule in this State that a motion, such as this, for damages for…