Davidson v. Ikard
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in appeal from the District Court of Clay County. Davidson perfected an appeal from a judgment against him in the District Court. After the time prescribed by law within which the transcript should have been filed, and on February 4, 1893, he filed a motion in the Court of Civil Appeals, asking leave to file the transcript. Accompanying the motion was an affidavit accounting for the delay.
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Error to Court of Civil Appeals for Third District, in appeal from the District Court of Clay County. Davidson perfected an appeal from a judgment against him in the District Court. After the time prescribed by law within which the transcript should have been filed, and on February 4, 1893, he filed a motion in the Court of Civil Appeals, asking leave to file the transcript. Accompanying the motion was an affidavit accounting for the delay. This was overruled February 22, 1893. March 1 the appellees filed motion to affirm on certificate. March 8, 1893, Davidson filed answer, resisting the…
1Opinion of the Court
STAYTON, Chief Justice.
— Plaintiff in error perfected an appeal from a judgment rendered against him, but failed to file transcript in Court of Civil Appeals within time, prescribed by statute, and on application, supported by affidavit showing good reason why the transcript was not filed in proper time, the court overruled the motion to file.
Appellees then asked affirmance of the judgment on certificate, which was objected to by plaintiff in error, on the ground that he had sued o.ut a writ error after his application to file transcript under his appeal was overruled, but the Court of Civil…
2Cases cited2 opinions
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