Hayslip v. Pomeroy
Court of Appeals of Texas
Appeal from Bell. Tried below before Hon. W. A. Blackburn. Appellee Pomeroy recovered judgment, January 27, 1892, against appellants for the land sued for. Appeal was perfected, and transcript was filed by appellants June 21, 1892, in Supreme Court. The case was transferred to the Court of Civil Appeals, and was there filed October 4, 1892. The case was submitted on briefs of both parties in December, 1892, upon the merits.
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Appeal from Bell. Tried below before Hon. W. A. Blackburn. Appellee Pomeroy recovered judgment, January 27, 1892, against appellants for the land sued for. Appeal was perfected, and transcript was filed by appellants June 21, 1892, in Supreme Court. The case was transferred to the Court of Civil Appeals, and was there filed October 4, 1892. The case was submitted on briefs of both parties in December, 1892, upon the merits. March 25, 1894, the case was dismissed for want of notice of appeal. Ho motion to dismiss was filed. April 5, 1894, appellants filed a motion to set aside the order of…
1Opinion of the Court
KEY, Associate Justice.
At a former day of this term the appeal in this case was dismissed, because the record failed to show that notice of appeal was given. The appellants have filed a motion for a rehearing, accompanied by a showing, that in fact notice of appeal was given in the court below, which the clerk failed to embrace in the transcript; and also showing that appellants’ counsel was not aware of the omission until after this court had dismissed the appeal.
Delivered June 27, 1894.
While, as contended by appellants, it is the duty of the district or county clerk to prepare a proper…
2Cases cited1 opinion
- Ross v. McGowenTexas Supreme Court · 1883
3Cited by10 opinions
- Besson v. RichardsCourt of Appeals of Texas · 1900
- State v. Stanolind Oil & Gas Co.Court of Appeals of Texas · 1936
- Scott v. CoxCourt of Appeals of Texas · 1902
- Hermann v. ThomasCourt of Appeals of Texas · 1914
- Taylor v. San Antonio Joint Stock Land BankCourt of Appeals of Texas · 1936
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