Banks v. McMahan

Court of Appeals of Texas

Banks v. McMahan

162 S.W. 366, 1913 Tex. App. LEXIS 123

CourtCourt of Appeals of Texas

DecidedDecember 11, 1913

StatusPublished

Cited by1 cases

This text of 162 S.W. 366 (Banks v. McMahan) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. McMahan, 162 S.W. 366, 1913 Tex. App. LEXIS 123 (Tex. Ct. App. 1913).

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Opinion

HARPER, C. J.

Appellant filed her petition August 16, 1912, to enjoin a judgment rendered in the county court of Ward county, Tex., May 3, 1910. Appellee filed his exception to the said petition because it showed upon its face that the judgment had been rendered more than one year prior to the filing of the suit. The court below, in term time, sustained the exception cm demurrer *367 and dismissed the petition, and from this order of dismissal the plaintiff appealed. Ap-pellee filed his timely motion to dismiss the appeal because no briefs were filed.

Article 1614, Revised Civil Statutes of 1911, and rule 29 of rules for the courts of Texas (142 S. W. xii), require that, when any suit is taken up from any inferior court to the Court of Civil Appeals, the parties shall file their briefs. No answer is made to the motion, and no excuse offered for failure to comply with the rule. Longbotham v. Abercrombie, 52 Tex. Civ. App. 426, 114 S. W. 428; Nidy v. Cochran, 48 Tex. Civ. App. 259, 106 S. W. 462. The motion is therefore sustained, and the appeal dismissed.

McKENZIE, J., is disqualified in this case, and did not sit in it.

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HARPER, C. J.

Appellant filed her petition August 16, 1912, to enjoin a judgment rendered in the county court of Ward county, Tex., May 3, 1910. Appellee filed his exception to the said petition because it showed upon its face that the judgment had been rendered more than one year prior to the filing of the suit. The court below, in term time, sustained the exception cm demurrer *367 and dismissed the petition, and from this order of dismissal the plaintiff appealed. Ap-pellee filed his timely motion to dismiss the appeal because no briefs were filed.

Article 1614, Revised Civil Statutes of 1911, and rule 29 of rules for the courts of Texas (142 S. W. xii), require that, when any suit is taken up from any inferior court to the Court of Civil Appeals, the parties shall file their briefs. No answer is made to the motion, and no excuse offered for failure to comply with the rule. Longbotham v. Abercrombie, 52 Tex. Civ. App. 426, 114 S. W. 428; Nidy v. Cochran, 48 Tex. Civ. App. 259, 106 S. W. 462. The motion is therefore sustained, and the appeal dismissed.

McKENZIE, J., is disqualified in this case, and did not sit in it.

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162 S.W. 366, 1913 Tex. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-mcmahan-texapp-1913.

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