Peck & Hickernell v. Noble Oil & Development Co.

The appellee company moves the court to strike the statement of facts and the appellants’ briefs. The rule is, that if the statement of facts is filed before the time expires for filing the transcript in this court, it is filed in time, and should not be stricken. Daggett v. Farmers’ National Bank (Tex. Civ. App.) 259 S. W. 198; Early-Foster Co. v. Mid-Texas Mills (Tex. *1019Civ. App.) 232 S. W. 1117. The grounds for the motion to strike appellants’ briefs are that no copy of appellants’ briefs was filed in the district court, and no notice of such filing was served upon movant five days before…