Sanders Nursery Co. v. J. C. Engelman, Inc.

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

In this case the Court of Civil Appeals at San Antonio struck out the statement of facts on motion of defendant in error. 59 S. W. (2d) 954. The ground upon which the court based its action was that no notice of the filing of the statement of facts in the district court was given to defendant in error or its attorneys before approval of same by the district judge. As disclosed by preceding and succeeding opinions of that Honorable Court it is committed to the proposition that the notice required by Article 2238,…