Elledge v. St. Louis Southwestern Ry. Co. of Texas

On Motion for Rehearing.

The appellant, in his motion for rehearing, insists that we erred in refusing to consider his assignments of error “because the failure of appellant to file his seven bills of exceptions within the statutory time was due to the inexcusable negligence of both counsel for the appellee, inasmuch as appellant had prepared his seven bills of exceptions within ample time, and inasmuch as counsel for appellee had negligently detained said bills of exceptions for examination until the statutory time had expired.” Affidavits alleging facts which tend to support this insistence…