Evans v. Galbraith-Foxworth Lumber Co.

On a former appeal of this case, the judgment was reversed and the cause remanded on account of the misconduct of the jury. Evans et al. v. Galbraith-Poxworth Lumber Co. et al. (Tex. Civ. App.) 31 S.W.(2d) 496.

The record in this appeal was filed in this court on September 26, 1931, and on September 29th thereafter the appellees by written motion moved to strike the transcript and statement of facts filed and dismiss the appeal because the appellants failed to file the transcript in this court and failed to file the statement of facts in the lower court, within the time prescribed by law.

Appell…