Simmons v. Brannum

BLAIR, Justice.

On March 15, 1944, appellees, J. G. Brannum and wife, filed a forcible detainer suit against appellant, Joe Simmons, for possession of a house and lot which he had rented from appellees. Two continuances were agreed to arid the case set for April 6, 1944, in the Justice Court, at which time Simmons did not appear either in person or by attorney, and judgment was on that day rendered for appellees for possession, with writ of restitution. No notice of appeal was given by Simmons in open court, as required by Rule 749, Texas Rules of Civil Procedure, but on April 10, 1944, the…