Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Cox

Court of Appeals of Texas

Decided March 29, 1911PublishedCited by 1 opinion

Appeal from District Court, Hale County; L. S. Kinder, Judge. Action between C. B. Cox and the Atchison, Topeka & 'Santa Fé Railway Company. From tile judgment, the railway company appeals. Rehearing of motion to strike out a statement of facts.

1Opinion of the CourtFly, J.

On a former day of this term a motion to strike out the statement of facts was filed by appellee, and was overruled by this court, and a motion for a rehearing on that action is now before us. Our former action was taken under the erroneous view that the order of extension was granted at a subsequent term, which brought it within the scope of a decision of the Supreme Court, hereinafter cited.

[1] The ground of the original motion is that the statement of facts was not filed within the time provided by law.. The cause was tried and judgment rendered for appellee on January 22, 1910, and the…

2Cases cited4 opinions

  1. Hamill v. SamuelsTexas Supreme Court · 1911
  2. Couturie v. CrespiTexas Supreme Court · 1910
  3. Freeman v. VetterCourt of Appeals of Texas · 1910
  4. Lee v. BroocksCourt of Appeals of Texas · 1910

3Cited by1 opinion

  1. Smyer v. Ft. Worth & D. C. Ry. Co.Court of Appeals of Texas · 1911

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