T. W. House & Co. v. Williams
Texas Supreme Court
Appeals from Houston. Tried below before the Hon. Leroy W. Cooper. The cases Nos. 656, 657 and 699 were affirmed on certificates. The certificate stated that judgment had been rendered and appeal taken, following the words of the statute, in no case giving copy of judgment. Motion in each case was filed to set aside the order of affirmance and to allow the transcript to be filed. Affidavits accompanied the motions setting up causes for delay.
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Appeals from Houston. Tried below before the Hon. Leroy W. Cooper. The cases Nos. 656, 657 and 699 were affirmed on certificates. The certificate stated that judgment had been rendered and appeal taken, following the words of the statute, in no case giving copy of judgment. Motion in each case was filed to set aside the order of affirmance and to allow the transcript to be filed. Affidavits accompanied the motions setting up causes for delay. These sufficiently appear in the opinion.
1Opinion of the CourtOgden, J.
The above three causes were appealed from Houston county, and under the law the transcripts should have been filed in this court on or before the fourth day of ¡December, 1871. But the appellants failing to bring up the records as required, the appellees in each cause filed motions to affirm, on certificate, without reference to the merits, and the. judgments of the ¡District Court were then affirmed, under Article 1589, Paschal’s *348Digest. And now the appellants have moved to set aside the judgment of affirmance, and for leave to file their transcripts, and have the causes determined upon…
2Cases cited2 opinions
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