Gonzales v. United States Fidelity & Guaranty Co.

W. O. MURRAY, Chief Justice.

Appellee, United States Fidelity and Guaranty Company, has filed this motion to strike the statement of facts heretofore filed in this Court, because it was not legally filed in the trial court, as is provided by Rule 381, Texas Rules of Civil Procedure.

Final judgment was rendered in the trial court on October 19, 1953. Appellant had fifty days thereafter within which to file the statement of facts in the trial court, or until December 8, 1953. The statement of facts was actually filed in the trial court on December 17, 1953, which was fifty-nine days after…