Kernaghan v. Hall
Texas Supreme Court
Appeal from Cameron. The case was tried before Hon. E. Basse, one of the district judges. Hall having recovered a judgment in debt against Daniel Kernaghan, the latter filed his. appeal bond on the 13th December, 1867, but the record was not certified until the 8th January, 1868, and it was filed on the 17th January thereafter.
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Appeal from Cameron. The case was tried before Hon. E. Basse, one of the district judges. Hall having recovered a judgment in debt against Daniel Kernaghan, the latter filed his. appeal bond on the 13th December, 1867, but the record was not certified until the 8th January, 1868, and it was filed on the 17th January thereafter. Mr. Ballinger, for the appellant, on the 24th February, filed the following affidavit: “ How comes the appellant in the above-entitled cause, and moves this honorable court to place the said cause on the docket of this court,.and to entertain jurisdiction thereof, and…
1Opinion of the CourtMorrill, C. J.
—We have examined the application of the plaintiff in error, wherein it is sought to have the above-entitled cause docketed, and consider that the applicant has not shown good cause why the record was not filed in due time.
The statutes require forty days after the perfection of an appeal or writ of error to elapse as the least time in which the party is required or permitted to file the record. The party is also allowed two years for this purpose, [to prosecute error.]
It can certainly be known at the time of the rendition of a final judgment whether a cause can he prepared for the subsequent…
2Cited by1 opinion
- Bradley v. EnglishCourt of Appeals of Texas · 1939