Belt v. Cetti
Court of Appeals of Texas
2. —Appeal—Findings of Fact—Assignment of Error. Appeal from the District Court of Tarrant County. Tried below before Hon. M. E. Smith.
1Opinion of the Court
SPEER, Associate Justice.
From an inspection of the record in this case we find what purports to be a statement of facts, but which nowhere hears the file mark of the clerk of the court before which the case was tried. While there is no motion to strike out such statement of facts, we nevertheless deem it to be our duty under the circumstances to refuse to consider the instrument as a proper part of the record. In Brown v. Orange County, 107 S. W., 607, the matter is treated as one which may be waived by the appellee, but in Matthews v. Boydstun, 31 S. W., 814, it is said: “The practice of…
2Cases cited5 opinions
- Ross v. McGowenTexas Supreme Court · 1883
- Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
- Belt v. CettiTexas Supreme Court · 1906
- Brown v. Orange CountyCourt of Appeals of Texas · 1908
- McGuire v. NewbillTexas Supreme Court · 1883
3Cited by6 opinions
- Seaboard Fire & Marine Ins. Co. v. HalbertCourt of Appeals of Texas · 1943
- International & G. N. Ry. Co. v. ReekCourt of Appeals of Texas · 1915
- McKenzie v. BeasonCourt of Appeals of Texas · 1911
- International & G. N. Ry. Co. v. ReekCourt of Appeals of Texas · 1915
- McKenzie v. BeasonCourt of Appeals of Texas · 1911
1 more not listed; retrieve them via the Exa API.