Pearson v. Household Sewing Machine Co.
Texas Supreme Court
Appeal from Hopkins. Tried below before Hon. E. W. Terhune. This is a motion to dismiss the appeal. The motion is as follows: “And now comes the appellee, the Household Sewing Machine Company, and moves the court to dismiss the appeal in this cause for the following reasons, to-wit: Because the appellants have failed to file a brief in this cause in the District Court of Hopkins County twenty days prior to the first day of the third assignment, to which it was returnable,…
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Appeal from Hopkins. Tried below before Hon. E. W. Terhune. This is a motion to dismiss the appeal. The motion is as follows: “And now comes the appellee, the Household Sewing Machine Company, and moves the court to dismiss the appeal in this cause for the following reasons, to-wit: Because the appellants have failed to file a brief in this cause in the District Court of Hopkins County twenty days prior to the first day of the third assignment, to which it was returnable, to-wit, the 3rd day of November, 1890, and failed to file any brief in said District Court of Hopkins County, and have not…
1Opinion of the Court
STAYTON, Chief Justice.
—The appeal in this case was perfected on December 19,1889, but no brief was filed in the office of the district clerk, but on the 6th of the present month a brief was filed here, which in no respect complies with the rules.
On motion to dismiss appeal because of failure to file brief in time prescribed, although an answer to the motion is filed, no excuse is given for *387failure to file the brief, and the motion shows the inconvenience to adverse counsel resulting from the neglect of appellants.
Rules 37 and 39 are intended for their protection, and the latter now requires…
2Cited by4 opinions
- Haynes v. J. F. Radford Grocery CompanyTexas Supreme Court · 1929
- United States Fidelity & Guaranty Co. v. HardyCourt of Appeals of Texas · 1930
- N. O. Nelson Mfg. Co. v. WallaceCourt of Appeals of Texas · 1933
- Zurich General Accident & Liability Ins. Co. v. LongCourt of Appeals of Texas · 1930