Valley Box & Crate Factory, Inc. v. Acker

On Motion for Rehearing.

SMITH, J.

It is universally held that the provision in article 2247, R. S. 1925, requiring a trial judge to file his findings of fact and conclusions of law within ten days aftet adjournment of the term of court at which a case is tried, is mandatory.

It is likewise uniformly held that such findings and conclusions filed after the expiration of the ten-day period are a nullity, cannot properly be placed.in the record, and cannot be considered in determining the appeal. Flores v. Bank (Tex. Civ. App.) 266 S. W. 542, 543; Maverick v. Burney (Tex. Civ. App.) 30 S. W. 566;…