Texas & Pacific Railway Co. v. Martin

CONNER, Chief Justice.

This is an appeal from a judgment in appellee’s favor for damages in the sum of twelve hundred dollars besides costs and interest. Appellant has not filed briefs in this court, but presents an application to be permitted to do so. The appeal was perfected on the 2nd day of November, 1909, and the excuse offered for a. failure to file briefs in the court below and later here, as the statute and rules provide, is that one of appellee’s counsel agreed to waive such filing. The agreement, however, was an oral one which expressly provided that counsel for the apnellee making…