Allen v. Berkmier
Court of Appeals of Texas
Appeal from District Court, Floyd County; B. C. Joiner, Judge. ■Suit by James B. Allen and others against Josephine Berkmier and others. Judgment for defendants, and plaintiffs appeal. Motion to strike out bills of exception sustained.
1Opinion of the Court
It appears from the transcript that the term of the district court at which this case was tried adjourned on April 4, 1919. No order extending the time for filing bills of exception appears. Bill of exception No. 1 was filed on June 1, 1919, and bills Nos. 2 to 7 inclusive were filed on June 30, 1919. Appellee within 80 days after the filing of the transcript in this court has moved that said bills of exception be stricken from the record because not filed within the time prescribed by law. Under this state of facts the motion must be sustained. R.S. art. 2073; Criswell v. Robbins, 152 S.W.…
2Cases cited24 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- St. Paul's Sanitarium v. FreemanTexas Supreme Court · 1909
- Frazier v. LambertCourt of Appeals of Texas · 1909
- Deford v. MercerSupreme Court of Iowa · 1867
- Wilkin v. Geo. W. Owens & Bros.Texas Supreme Court · 1908
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Priddy v. GreenCourt of Appeals of Texas · 1920
- Kuehne v. DensonTexas Supreme Court · 1949
- Foster v. BourgeoisCourt of Appeals of Texas · 1923
- Kemp v. HarrisonCourt of Appeals of Texas · 1968
- Casparis v. Fidelity Union Casualty Co.Court of Appeals of Texas · 1933
6 more not listed; retrieve them via the Exa API.