Texas & N. O. R. v. Davis

COMBS, Justice.

On Motion to Strike Statement of Pacts.

Before the submission of this case appellee filed a motion to strike out the statement of facts. The motion was taken along with the case and we will first dispose of it before proceeding to a consideration of the issues presented by the appeal. The motion is based on the alleged failure of the appellant to comply with the provisions of article 2238, R. S. 1925, as amended by chapter 34, Acts of the 42nd Legislature, First Called Sess„ p. 75 (Vernon’s Ann. Civ. St. art. 2238), relgt-ing to the preparation and filing of statements of fact.…