Beaumont Majestic Co. v. Berwick

Court of Appeals of Texas

Beaumont Majestic Co. v. Berwick

87 S.W.2d 1116

CourtCourt of Appeals of Texas

DecidedNovember 4, 1935

DocketNo. 2793.

StatusPublished

Cited by4 cases

This text of 87 S.W.2d 1116 (Beaumont Majestic Co. v. Berwick) 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.

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Beaumont Majestic Co. v. Berwick, 87 S.W.2d 1116 (Tex. Ct. App. 1935).

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Opinion

WALKER, Chief Justice.

This appeal is from the county court of Jefferson county at law. The .record shows that the case originated in justice court, but the transcript does not contain the appeal bond from the justice court to the county court. On authority of Texas & N. O. Ry. Co. v. Gray (Tex.Civ.App.) 29 S.W.(2d) 815, the only order we can make is to reverse the judgment of the lower court and to remand the cause for a new trial, with instructions to the lower court t,o dismiss the case from its docket unless an appeal bond from justice court is shown. The authorities generally in support of this order will be found in 3 Tex.Jur. p. 398, § 284. As the primary duty rested upon appellant to bring up a. correct transcript, the cost of this appeal will be taxed against appellant.

The judgment of the lower court is -re7 versed, and the cause remanded for a new trial.

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WALKER, Chief Justice.

This appeal is from the county court of Jefferson county at law. The .record shows that the case originated in justice court, but the transcript does not contain the appeal bond from the justice court to the county court. On authority of Texas & N. O. Ry. Co. v. Gray (Tex.Civ.App.) 29 S.W.(2d) 815, the only order we can make is to reverse the judgment of the lower court and to remand the cause for a new trial, with instructions to the lower court t,o dismiss the case from its docket unless an appeal bond from justice court is shown. The authorities generally in support of this order will be found in 3 Tex.Jur. p. 398, § 284. As the primary duty rested upon appellant to bring up a. correct transcript, the cost of this appeal will be taxed against appellant.

The judgment of the lower court is -re7 versed, and the cause remanded for a new trial.

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