Legal Opinion
Rector v. Continental Bank & Trust Co.
Court of Appeals of Texas
Decided November 20, 1915No. 849PublishedCited by 8 opinions
Appeal from Fisher County Court; M. A. Hopson, Judge. Suit by Terrell Rector and others, by B. R. Rector, next friend, against the Continental Bank & Trust Company. Judgment for defendant, and E. R. Rector appeals.
1Opinion of the CourtHuff, C. J.
The appellee has filed its motion to be considered with its brief, urging that this court should strike out and not consider the assignments of error presented by the appellants.
[1] The first assignment of error so presented was not filed in the lower court and brought up in the transcript.
“The appellant * * * shall in all cases file with the clerk of the court below all assignments of error, * * * before he takes the transcript * * * record from the clerk’s office.” Art. 1612, R. O. S.
The motion of appellee as to this assignment must be sustained. Rules 23 and 29 for Courts of Civil Appeals…
2Cases cited10 opinions
- St. Louis Southwestern Railway Co. v. TodTexas Supreme Court · 1901
- Maddox v. SummerlinTexas Supreme Court · 1899
- Overton v. Colored Knights of PythiasCourt of Appeals of Texas · 1914
- First Nat. Bank of Plainview v. McWhorterCourt of Appeals of Texas · 1915
- Cowen v. First National BankTexas Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First State Bank of Mobeetie v. GoodnerCourt of Appeals of Texas · 1943
- Independent Farmers' Gin Co. v. HanderCourt of Appeals of Texas · 1925
- Hobbs v. DowningCourt of Appeals of Texas · 1941
- Webb v. WebbCourt of Appeals of Texas · 1944
- Brazelton Lumber Co. v. RobertsCourt of Appeals of Texas · 1923
3 more not listed; retrieve them via the Exa API.