French v. Smith

Court of Appeals of Texas

French v. Smith

70 S.W.2d 588, 1934 Tex. App. LEXIS 383

CourtCourt of Appeals of Texas

DecidedMarch 1, 1934

DocketNo. 1578.

StatusPublished

This text of 70 S.W.2d 588 (French v. Smith) 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

French v. Smith, 70 S.W.2d 588, 1934 Tex. App. LEXIS 383 (Tex. Ct. App. 1934).

Pincite

Opinion

ALEXANDER, Justice.

This case is before the court on motion of appellee to affirm on certificate because of the failure of appellant to file the transcript in this court within the time provided by law.

The record discloses that final judgment was entered by the trial court on November 3, 1933, and that the appellant gave notice of appeal to this court on that day. No motion for a new trial was made, but the appeal bond was filed on November 23, 1933. The appellant has wholly failed to file in this court a transcript of the proceedings. Under the provisions of Revised Statutes, art. 1841, the appellee is entitled to have the judgment of the trial court affirmed. Beaver v. Beaver (Tex. Civ. App.) 57 S.W.(2d) 279; Woodfin v. Hulen (Tex. Civ. App.) 13 S.W.(2d) 390; Wagley v. Wagley (Tex. Civ. App.) 1 S.W.(2d) 917.

The motion to affirm on certificate is granted, and the judgment of the trial court affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

ALEXANDER, Justice.

This case is before the court on motion of appellee to affirm on certificate because of the failure of appellant to file the transcript in this court within the time provided by law.

The record discloses that final judgment was entered by the trial court on November 3, 1933, and that the appellant gave notice of appeal to this court on that day. No motion for a new trial was made, but the appeal bond was filed on November 23, 1933. The appellant has wholly failed to file in this court a transcript of the proceedings. Under the provisions of Revised Statutes, art. 1841, the appellee is entitled to have the judgment of the trial court affirmed. Beaver v. Beaver (Tex. Civ. App.) 57 S.W.(2d) 279; Woodfin v. Hulen (Tex. Civ. App.) 13 S.W.(2d) 390; Wagley v. Wagley (Tex. Civ. App.) 1 S.W.(2d) 917.

The motion to affirm on certificate is granted, and the judgment of the trial court affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

70 S.W.2d 588, 1934 Tex. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-smith-texapp-1934.

Opinion

Related

Cite This Page — Counsel Stack