El Paso & Northeastern Railroad v. Whatley
Texas Supreme Court
Motion to dismiss writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from El Paso County. Whatley sued the railway company and had judgment which was affirmed on defendant’s appeal. Defendant obtained writ of error, and plaintiff in error moved in the Supreme Court to dismiss the writ of error because the appeal bond was not filed in time to confer jurisdiction the Court of Civil Appeals.
1Opinion of the Court
BROWN, Associate Justice, on motion to dismiss.
The district court for El Paso County was authorized by law to continue in session from the first Monday in May, to the first Monday in July, in the year 1904, more than eight weeks. (Laws 1903, p. 78, chapter 56, sec. 5.)
Appeals from district courts to the Courts of Civil Appeals are regulated by the following article of the Revised Statutes: “Art. 1387. An appeal may, in cases where an appeal is allowed, be taken during the term of the court at which the final judgment in the cause is rendered, by the appellants giving notice of appeal in open…
2Cases cited2 opinions
- Burr v. LewisTexas Supreme Court · 1851
- Harvey v. CummingsTexas Supreme Court · 1884
3Cited by1 opinion
- Brazell v. Irene Independent School Dist.Court of Appeals of Texas · 1925