Legal Opinion

Kirby Lumber Co. v. Smith

Court of Appeals of Texas

Decided January 13, 1916No. 82Published

Error from District Court, Shelby County; W. C. Buford, Judge. Action by G. S. Smith, and another against the Ivirby Lumber Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Defendants in error file a motion to dismiss this cause. First, for the reason that the plaintitff in error failed to file brief in the lower court, as well as briefs in the appellate court, within the time, and in the manner prescribed by law and by the rules governing this court in such matters; and second, for the reason that the statement of facts, constituting a part of the record, was not filed until more than 90 days after the adjournment of the term of court at which the cause was tried. It would appear from the record that final judgment was rendered on September 7, 1914, and that…

2Cases cited15 opinions

  1. Johnson v. NewmanTexas Supreme Court · 1875
  2. Hill v. MooreTexas Supreme Court · 1892
  3. San Antonio & Aransas Pass Railway Co. v. HoldenTexas Supreme Court · 1900
  4. Durst v. DaughertyTexas Supreme Court · 1891
  5. Crenshaw v. HempelCourt of Appeals of Texas · 1910

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