Welch v. Weiss

GAINES, Chief Justice.

This case comes to us upon a certified question. The statement and question certified are as follows:

"On the 12th day of July, 1904, in a suit in trespass to try title brought by appellants against appellee the district court rendered a judgment that the plaintiffs therein take nothing by the suit.

“From that judgment the plaintiffs duly perfected this appeal returnable to the last term of this court.

"They failed, however, to file the transcript in this court within the time prescribed by law, wherefore they presented a motion to file, setting up certain facts in excuse…