Legal Opinion

Allen v. Berkmier

Court of Appeals of Texas

Decided October 8, 1919No. 1564Published

Appeal from District Court, Floyd County; B. C. Joiner, Judge. ■Suit by James B. Allen and others against Josephine Berkmier and others. Judgment for defendants, and plaintiffs appeal. Motion to strike out bills of exception sustained.

1Opinion of the Court

On Motion to Strike out Bills of Exception.

BOYCE, J.

[1] It appears from the transcript that the term of the district court at which this case was tried adjourned 'on April 4, 1919. No order extending the time for filing bills of exception appears. Bill of exception No. 1 was filed on June 1, 1919, and bills Nos. 2 to 7 inclusive were filed on June 30, 1919. Appellee within 30 days after the filing of the transcript in this court has moved that said bills of exception be stricken from the record because not filed within the time prescribed by law. Under this state of facts the motion must be…

2Cases cited6 opinions

  1. Unknown Heirs of Criswell v. RobbinsCourt of Appeals of Texas · 1912
  2. Conn v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1914
  3. Pearce v. Supreme Lodge, Knights & Ladies of HonorCourt of Appeals of Texas · 1917
  4. Camp v. GourleyCourt of Appeals of Texas · 1918
  5. Poole v. Pierce-Fordyce Oil Ass'nCourt of Appeals of Texas · 1919

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