St. Louis, I. M. S. Ry. v. Hurst Riley
Court of Appeals of Texas
Appeal from District Court, Franklin County; P. A. Turner, Judge. Action by Hurst & Riley and others against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
It appears that the appeal bond in this case was approved and filed by the district clerk on November 20, 1909. In this case court was allowed to sit two weeks by law, and must finally adjourn, as we must judicially know by the record, on October 30, 1909. The filing of the appeal bond was therefore one day too late to be within the prescribed time of the statute. The filing of the appeal bond within the time prescribed by the statute is necessary to give jurisdiction to this court over the appeal, Railway Co. v. Whatley,99 Tex. 128, 87 S.W. 819; Railway Co. v. Elliston, 128 S.W. 675.
The…
2Cases cited3 opinions
- Houston & Texas Central Railroad v. RobertsTexas Supreme Court · 1908
- E.P. N.E.R.R. Co. v. WhatleyTexas Supreme Court · 1905
- St. Louis, I. M. & S. Ry. Co. v. SmithCourt of Appeals of Texas · 1911
3Cited by5 opinions
- Ringgold v. GrahamTexas Commission of Appeals · 1929
- Davis v. HillCourt of Appeals of Texas · 1925
- Warren v. Portland Terminal Co.Supreme Judicial Court of Maine · 1922
- Ft. Worth & R. G. Ry. Co. v. BrysonCourt of Appeals of Texas · 1917
- Texas P. Ry. Co. v. McIntyre HamptonCourt of Appeals of Texas · 1912