Gibson v. Singer Sewing MacH. Co.
Court of Appeals of Texas
Appeal from Bexar County Court; Geo. W. Huntress, Judge. Action by W. H. Gibson against the Singer Sewing Machine Company, in which, plaintiff appealed from an adverse judgment. On motion to dismiss appeal.
1Opinion of the CourtFly, J.
[1] Appellee seeks to dismiss this appeal, because no notice of appeal was given by appellant to this court, and also to strike out the statement of facts. In the decree overruling the motion for new trial, which is copied into the record in this case, is found the following recital: “To all of which exception is taken for plaintiff, and notice of appeal, by plaintiff, given to the Fourth Court of Civil Appeals at San Antonio, Texas.” Ap-pellee seeks in this court to contradict that recital by affidavits of the county judge, the deputy county clerk, and counsel for appel-lee, to the effect…
2Cases cited3 opinions
- Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
- Ennis Mercantile Co. v. WathenTexas Supreme Court · 1900
- Southern Pacific Co. v. WintonCourt of Appeals of Texas · 1901
3Cited by10 opinions
- De Leon v. Texas Employers Ins. Ass'nCourt of Appeals of Texas · 1942
- Sumrall v. RussellCourt of Appeals of Texas · 1924
- Alamo Casualty Co. v. TraftonCourt of Appeals of Texas · 1950
- State v. MartinCourt of Appeals of Texas · 1937
- Roberson v. KeckCourt of Appeals of Texas · 1937
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