Bowman v. Traders & General Ins. Co.

On Motion for Rehearing.

Appellant concedes that no written agreement was made by the parties postponing decision on the motion for new trial as required by Sub. (j) Rule 330, T.R.C.P., although he states that an oral agreement was made which was confirmed by a telegram dated October 5, 1948, from appellee’s attorney to appellant’s attorney, reading: “Bowman hearing for Octobeer 14th satisfactory.”

On October 5 the motion had been overruled -by operation of law and the telegram, even if constituting an agreement under the Rule, was without legal effect. Jones v. Campbell, supra, cited in…