Loring v. Keith
Court of Appeals of Texas
Appeal from District Court, Floyd County; R. O. Joiner, Judge. Suit between John A. Loring and Minor C. Keith and others, trustees. The appeal of Loring was dismissed, and the trustees move to affirm on certificate.
1Opinion of the CourtBoyce, J.
This is a motion by appellees to affirm on certificate. The record on appeal was filed by appellant within due time. Neither the appellant nor appellees briefed the case, and the appellant moved to dismiss the appeal, which motion was granted, and order entered, at a former day of this term, dismissing the appeal.
The facts do not bring the case within the letter of the statute which provides for af-firmance on certificate, “in case the appellant or plaintiff in error shall fail to file a transcript of the record,” etc. In the case of Farquhar v. McFarland, 13 Tex. 92, affirmance on…
2Cases cited2 opinions
- Texas & New Orleans Railway Co. v. HareCourt of Appeals of Texas · 1893
- Farquhar v. McFarlandTexas Supreme Court · 1854