Brightman v. Brightman
Court of Appeals of Texas
Appeal from Tom Green County Court; Oscar Frink, Judge. Action between O. O. Brightman and others and O. P. Brightman, next friend, etc. There was a judgment for the latter, and the former appeal.
1Opinion of the CourtKey, C. J.
This is a motion to affirm on certificate, and it must be overruled because the transcript which accompanies the motion does not contain a copy of the judgment which the motion seeks to have affirmed. In House v. Williams, 40 Tex. 351, and H. & T. C. Ry. Co. v. Greenwood, 40 Tex. 362, it was held that in order to confer jurisdiction and authorize an affirmance on certificate by that court, it was necessary that the transcript which accompanied the motion to affirm should contain a copy of the judgment and appeal bond; and in Supreme Council v. Anderson, 36 Tex. Civ. App. 615, 83 S. W. 208,…
2Cases cited2 opinions
- T. W. House & Co. v. WilliamsTexas Supreme Court · 1874
- Supreme Council American Legion of Honor v. AndersonCourt of Appeals of Texas · 1904