Tex. & Pac. R'y Co. v. Netherland

Opinion by

White, P. J.

§ 237. Appeal from justice’s court; notice of; consenting to a continuance is an appearance, and dispenses with necessity of such notice. Judgment was recovered in justice’s court by appellee, in a suit upon an account for a trunk and contents, alleged to have been lost by appellant. In the county court the cause was continued several times by operation of law, but at the January term the continuance was, “by agreement of parties, to the next term of the court.” At the next, or February term, appellee moved to dismiss the appeal, because, though the case had been pending…