Spears v. Brown

GUITTARD, Chief Justice.

After a default judgment, the defendant filed a petition for writ of error for review by this court and subsequently filed a cost bond. The transcript was tendered for filing more than sixty days after the petition was filed, but within sixty days from filing the bond. Plaintiff has moved for affirmance on certificate under rule 387, Texas Rules of Civil Procedure, on the ground that the sixty-day period prescribed by rule 386, Texas Rules of Civil Procedure, had expired before the transcript was tendered. We deny the motion on the ground that the sixty-day period did…