Daniels v. Conrad

YOUNG, Justice.

Rule 418, Texas Rules of Civil Procedure provides that that appellants’ brief “should contain * * * a short, plain statement of the nature of the case without argument.” The preliminary statements of appellants are not in conformity with the Rule. They are highly argumentative and partisan to which appellees reply in kind. In consequence we must rely largely upon pleading of the parties for background of points hereinafter discussed.

The suit of Robert Daniel (now deceased) against his sisters Mary Conrad and Marjorie Winn comprehended two charges of malicious prosecution;…