Foster v. Bourgeois

On Motion for Rehearing.

KEY, O. J.

Appellant earnestly insists, in his motion for new trial, that this court erred in sustaining appellees’ objection to the consideration of his bills of exception, and the assignments of error based thereon, because the same were not filed within the time allowed by article 2073, Vernon’s Sayles’ Civil Statutes 1914, nor within the extended time allowed by the trial judge, based upon said article.

In support of bis contention, appellant cites, for the first time, tbe case of O., C. & S. P. Ry. Co. v. Pelts, 60 Tex. Civ. App. 471, 128 S. W. 155, in which it was…