Schleicher v. Runge

The motion for a rehearing of this case was overruled by the Court of Civil Appeals on. December 3, 1896, and the application for the writ of error was not presented to the clerk of the court until January 3, 1897. This was the 31st day after the motion for a rehearing was overruled, and was one day too late. (Rev. Stats. 1895, art. 942.) For that reason, the clerk declined to file it. Thereupon counsel for the defendant in the application, conceding that the delay was not the fault of the applicant, signed a stipulation waiving the default and agreeing that the application might be…