National Surety Corporation v. Stukes

RICHARDS, Justice.

Appellee has filed a Motion to Affirm on Certificate upon the ground that appellant has failed to file a transcript of the record in a proper time in this Court. Since no transcript of the record has been filed in this Court the Motion to Affirm on Certificate is granted and the judgment of the Trial Court is in all things affirmed against the appellant National Surety Corporation and Fireman’s Fund Insurance Company as surety on the appeal bond.

Appellee also prays that this Court, pursuant to Rules 435 and 438, Texas Rules of Civil Procedure, award an additional 10% penalty…