Legal Opinion

P. J. Willis & Bro. v. Smith

Texas Supreme Court

Decided April 26, 1897PublishedCited by 28 opinions

.Error to Court of Civil Appeals, Third District, in an appeal from Coryell County. Willis & Bro. obtained writ of error from a judgment affirming the recovery below, assigning as error the action of the Court of Civil Appeals in striking from the record the statement of facts.

1Opinion of the Court

BROWN, Associate Justice.

The term of the District Court at which the judgment in this ease was entered closed on August 15, 1895. The statement of facts as shown in the record before us has the following file mark: “Piled August 15, 1895,” signed by the proper clerk.

Appeal was taken to the Court of Civil Appeals for the Third Supreme •Judicial District by appellants P. J. Willis & Bro. Appellee, Virginia B. Smith, filed in the Court of Civil Appeals motion to strike out the .statement of facts becausé it was, in fact, filed after the adjournment of the court, although it appeared to have been…

2Cases cited1 opinion

  1. Boggess v. HarrisTexas Supreme Court · 1897

3Cited by28 opinions

  1. McElyea v. ParkerTexas Supreme Court · 1935
  2. Ennis Mercantile Co. v. WathenTexas Supreme Court · 1900
  3. Stephens County v. J. N. McCammon, Inc.Texas Supreme Court · 1932
  4. Barcus v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1917
  5. Neville v. MillerCourt of Appeals of Texas · 1914

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