First Nat. Bank in George West v. Frost Nat. Bank of San Antonio

MURRAY, Justice.. The record in this case was filed in this Court on July 27, 1939. It was set for submission on April 10, 1940. On April 9, 1940, one day before the day of submission, appellee filed a motion to dismiss the cause because the district clerk’s certificate to the transcript was not in compliance with the requirements of the statutes. Art. 2282, R.C.S.1925.

This motion comes too late to receive favorable consideration. Rule 8 for the Courts of Civil Appeals (142 S.W. p. xi) provides: “All motions relating to in-formalities in the manner of bringing a case into court shall be filed…