Legal Opinion

Unknown Heirs of Tutt v. Morgan

Court of Appeals of Texas

Decided October 30, 1897PublishedCited by 13 opinions

.Appeal from Ellis. Tried below before Hon. J. E. Dillakd.

1Opinion of the Court

ON MOTION TO DISMISS.

This is a motion to dismiss appeal, because appellants have not filed appeal bonds in the court below.

In so far as it relates to Baker and wife, Mayfield and wife, Alexander and wife, and Westlake and wife, the motion is based upon the erroneous idea that the parties named appear in the record as parties appellant. They do not appear from the record as having appealed from the judgment of the court below; and they would not be considered as appellants, regardless of the motion to dismiss.

As to appellant Maud Holt, who has appealed through her guardian ad litem, the motion…

2Cases cited1 opinion

  1. Buttlar v. DavisTexas Supreme Court · 1878

3Cited by13 opinions

  1. Wright v. JonesTexas Commission of Appeals · 1932
  2. Morris v. DrescherCourt of Appeals of Texas · 1938
  3. Starks v. StateCourt of Appeals of Texas · 1969
  4. Brown v. BrownCourt of Appeals of Texas · 1921
  5. Thorndale Mercantile Co. v. Continental Gin Co.Court of Appeals of Texas · 1922

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