Rudolph v. Hanes

BROWN, Justice.

The appellee presents a motion praying that the statement of facts, which has been prepared and certified to by the official court reporter of the trial court, and expressly approved by the trial judge, be stricken from the files,- on the sole contention that neither appellee nor his attorney has been given the “notice” provided for in article 2238, R.C.S., as amended by the Acts of 1931, 1st Called Sess., c. 34, § 2 (Vernon’s Ann.Civ. St. art. 2238), and that such notice has never been waived.

In the motion, the reply thereto, and the affidavits attached, it is made to appear…