State ex rel Crawford v. Wagner

I am of the opinion that this appeal should he heard upon its merits and, consequently, dissent from the holding of the majority. The effect of the majority holding is to place a mandatory construction upon a rule which for over twenty years has been given a directory construction. The result is inimical to the right of appellate review. As the rule mentions the “transcript,” it may on good authority be implied that the statement of facts is also within the rule. Garrett v. Mercantile Nat. Bank at Dallas, 140 Tex. 394, 168 S.W.2d 636, 637. The harshness of the rule under a mandatory…