Legal Opinion

Wharton v. Morgan

Court of Appeals of Texas

Decided October 17, 1973Published

1Opinion of the Court

ON APPLICATION TO FILE TRANSCRIPT.

2Per curiam

On October 8, 1973, a transcript was tendered to our Clerk; and on October 9, 1973, a supplemental transcript was tendered in appellant’s attempted appeal from a permanent injunction signed on June 22, 1973. Our Clerk has referred to us the question of whether an appeal bond was timely filed. Rule 356, Texas Rules of Civil Procedure, requires such bond to be filed within thirty days after the rendition of judgment or order overruling motion for new trial, and it is well settled that such requirement is mandatory and jurisdictional. Roth v. Maryland American…

3Cases cited5 opinions

  1. Roth v. Maryland American General Insurance Co.Court of Appeals of Texas · 1970
  2. Simon v. LD Brinkman & CompanyTexas Supreme Court · 1970
  3. Mowrey v. Fidelity & Deposit Co. of MarylandCourt of Appeals of Texas · 1923
  4. Stuart Independent School Dist. v. Wilson Independent School Dist.Court of Appeals of Texas · 1933
  5. Washita Ranger Oil Co. v. DisneyCourt of Appeals of Texas · 1924

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