Westchester Fire Ins. Co. v. Burns

COMBS, Justice.

This appeal is by writ of error, but we will refer to the parties as appellant and appellee.

At the outset we are confronted with a motion to strike appellant’s brief because a copy thereof was not filed in the trial court. See article 2283, Vernon’s Ann. Civil Statutes. Transcript and statement of facts were filed in this court on September 6, 1934, and the cause was later set for submission on April 11, 1935. On" March 11, 1935, the parties, by their attorneys, filed an agreed motion to postpone submission, which was granted, and the cause reset for submission on May 16, 1935.…