Legal Opinion
Speer v. Rushing
Court of Appeals of Texas
Decided June 23, 1915No. 5573PublishedCited by 3 opinions
Appeal from District Court, Robertson County; J. C. Scott, Judge. Action between A. J. Speer and Will Rushing and others. From the judgment Speer appeals.
1Opinion of the CourtJenkins, J.
Appellee has filed a motion to dismiss the appeal in this case upon the grounds: (1) That there is no assignment of error in the record; and (2) that appellant did not file his brief in the trial court 5 days before taking out the record, as provided in article 2115, R. S.
[1] Appellant filed a motion for a new trial, and has copied the several grounds thereof in his brief. This is in compliance with article 1012, Vernon’s Sayles’ Ann. Civ. St. 1914, which provides that:
“Where a motion for a new trial has been filed the assignments therein shall constitute the assignments of error and need not…
2Cases cited8 opinions
- San Antonio & Aransas Pass Railway Co. v. HoldenTexas Supreme Court · 1900
- Crenshaw v. HempelCourt of Appeals of Texas · 1910
- Danner v. Walker-Smith Co.Court of Appeals of Texas · 1912
- Texas & Pacific Railway Co. v. MartinCourt of Appeals of Texas · 1910
- Wiseman v. MaddoxCourt of Appeals of Texas · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gerneth v. Galbraith-Foxworth Lumber Co.Texas Supreme Court · 1927
- Missouri, K. & T. Ry. Co. of Texas v. JeffersonCourt of Appeals of Texas · 1918
- Gerneth v. Galbraith-Foxworth Lumber Co.Court of Appeals of Texas · 1928