Legal Opinion

Wilkerson v. Stasney Holub

Court of Appeals of Texas

Decided October 13, 1915No. 5578PublishedCited by 1 opinion

Appeal from Williamson County Court; Richard Critz, Judge. Action between A. E. Wilkerson and others and Stasney & Holub. From the judgment, Wilkerson and others appeal. On motion to strike out the assignments of error.

1Opinion of the CourtRice, J.

This case was tried before the court without a jury, and judgment rendered therein against appellants on the 12th day of April, 1915, from which judgment they have perfected this appeal. Appellees have filed their motion to strike out the assignments of error herein filed on behalf of appellants, on the ground that no motion for new trial was made in the court below, predicating their right so to do on district court rule 71a (145 S. W. vii), which reads as follows:

“A motion for new trial shall be filed in all cases where parties desire to appeal from the judgment of the trial court, or sue…

2Cases cited12 opinions

  1. American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.Court of Appeals of Texas · 1913
  2. Dees v. ThompsonCourt of Appeals of Texas · 1914
  3. Missouri, K. & T. Ry. Co. of Texas v. BeasleyTexas Supreme Court · 1913
  4. Cornelius v. HarrisCourt of Appeals of Texas · 1914
  5. Davidson v. PattonCourt of Appeals of Texas · 1912

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3Cited by1 opinion

  1. Goodman v. W. S. Peck & Co.Court of Appeals of Texas · 1917

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