Sams v. Creager
Texas Supreme Court
This is an application for writ of error to Court of Civil Appeals, Second District, in an appeal from Wilbarger County. The Court of Civil Appeals affirmed the judgment of the trial court on Februaiy 16, 1893. The appellants failed to file a motion for rehearing within fifteen days after the judgment of affirmance.
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This is an application for writ of error to Court of Civil Appeals, Second District, in an appeal from Wilbarger County. The Court of Civil Appeals affirmed the judgment of the trial court on Februaiy 16, 1893. The appellants failed to file a motion for rehearing within fifteen days after the judgment of affirmance. Subsequently, April 6, the following affidavit was filed, accompanied with a motion for rehearing which had been sent by mail to the clerk of said Court of Civil Appeals, and had been returned by said clerk for the reason that it had not been presented within the fifteen days…
1Opinion of the Court
STAYTON, Chief Justice.
The application for writ of error shows that no motion for rehearing was filed in the Court of Civil Appeals within the time prescribed by the statute, and the reasons shown for the-failure to do so furnished no excuse for this failure, and that court refused to consider the motion.
If it had been shown that the failure to file the motion within the time-prescribed by law resulted from accident or cause other than neglect of applicant, this court might consider the application, notwithstanding that the Court of Civil Appeals had not acted on the motion for a rehearing;…
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