Kuehn v. Neugebauer
Court of Appeals of Texas
Appeal from District Court, Hays County; Frank S. Roberts, Judge. Suit by Joseph. Neugebauer against Gus Kuehn. Judgment for plaintiff was reversed and remanded, and plaintiff moves the court to instruct the clerk to issue the mandate; the clerk having refused upon the ground that costs had not been paid within one year.
1Opinion of the CourtBrady, J.
On April 25, 1918, this canse was reversed and was remanded to the district court of Hays county for a new trial. 20-1 S. W. 369. No motion for rehearing was ever filed. A few days prior to August 30, 1919, the appellee paid the costs of the appeal, and requested the clerk of this court to issue a mandate to the trial court, in order that he might proceed with the prosecution of the cause, which request was refused by the clerk, upon the ground that the costs had not been paid within one year from the date of the judgment of this court, ás required by article 1559, Revised Statutes.
The…
2Cases cited2 opinions
- Scales v. MarshallTexas Supreme Court · 1902
- Pevito v. Southern Gas & Gasoline Engine Co.Court of Appeals of Texas · 1916
3Cited by5 opinions
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Easterling v. MurpheyCourt of Appeals of Texas · 1928
- Poston v. EbertMichigan Supreme Court · 1922
- Easterling v. MurpheyCourt of Appeals of Texas · 1928
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1940