Pelfrey v. Jordan

This case has not been briefed by either party. A motion by appellee to dismiss the appeal on account of the failure of appellant to file briefs was overruled at a former day of this term. The rules have been definitely interpreted by the Supreme Court in Haynes v. J. M. Radford Gro. Co., 118 Tex. 277, 14 S.W.(2d) 811, to vest a discretion in Courts of Civil Appeals, when appellant fails to file briefs. Under this hplding we are authorized either to dismiss the appeal, or to inspect the record to determine whether fundamental error appears thereon. Should no fundamental error appear after…