Ball, Hutchings & Co. v. Collins

Willie, Chief Justice.

The appellee moves to strike out the statement of facts because no written motion for leave to make out and file the statement after the adjournment of the court is found in the record. The order granting the leave was duly made by the judge and is found in the transcript, and the statement itself was filed within the time allowed by the order.

It is supposed that the decision in Blum v. Neilson, 59 Tex., 378, holds that an order of this kind will be of no avail if not granted upon written motion, but such is not the effect of that decision. In that *468case, the order had…