Legal Opinion

Robson v. Moore

Court of Appeals of Texas

Decided April 22, 1914No. 5270Published

Appeal from District Court, Fayette County; Frank S. Roberts, Judge. Action by Ducy Robson, executrix, against T. W. Moore and another. From a judgment for defendants, plaintiff appeals.

1Opinion

On Motion for Rehearing.

[6] There is no merit in appellees’ contention that the second notice of appeal is void. The trial court had control of its judgment during the term, and having entertained a motion for new trial after the first notice of appeal was given, and entered an order overruling same, the notice of appeal then given was valid. Sass & Cohen v. Hirschfield, 23 Tex. Civ. App. 1, 56 S. W. 602.

[7, 8] As the transcript was filed during vacation, the presumption cannot be indulged that the clerk filed it by order of the court; but appellee cannot excuse his laches by saying that he…

2Cases cited1 opinion

  1. Sass & Cohen v. HirschfeldCourt of Appeals of Texas · 1900

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