National Life & Accident Ins. Co. v. Collins

Appellees have filed a motion to dismiss the appeal. They contend that an appeal from the .District Court of Eastland County is governed by Texas Rules Civil Procedure, 330, while appellant contends that it is governed by R.C.P. 320. If R.C.P. 330 controls, appellant did not comply there*286with; this court does not have jurisdiction and appellant’s motion to dismiss must be sustained.

The former statute, Article 2092, as amended in 1939, upon which R.C.P. 330 is based, provided that the rules of procedure stated therein should govern in civil district courts in counties having two or more…