Galveston, H. & S. A. Ry. Co. v. Short

Court of Appeals of Texas

Galveston, H. & S. A. Ry. Co. v. Short

158 S.W. 175, 1913 Tex. App. LEXIS 1218

DecidedJune 4, 1913

StatusPublished

This text of 158 S.W. 175 (Galveston, H. & S. A. Ry. Co. v. Short) 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

Galveston, H. & S. A. Ry. Co. v. Short, 158 S.W. 175, 1913 Tex. App. LEXIS 1218 (Tex. Ct. App. 1913).

Pincite

Opinion

MOURSUND, J.

This case was set for submission on May 28th. Appellant filed his briefs in this court on May 24th, and on the same day filed a copy in the trial court, and had the attorneys for appellee served with notice of such filing. Appellee has filed a motion to dismiss the appeal.on the ground that by reason of the failure to file briefs in time he has been prevented from properly making his defense in this court When ap-pellee insists upon the enforcement of the rules, and the court cannot say that it is evident ample time remains to appellee in which to answer, the appeal should be dismissed. Hamilton v. McLane, 147 S. W. 284, and cases therein cited.

*176 Eleven assignments of error are briefed in this case; the brief containing 35 pages. We conclude that it was not incumbent upon ap-pellees to undertake to answer the brief within the few days left them, and that their motion should be granted.

The appeal is dismissed for want of prosecution, and appellant is permitted to withdraw the transcript.

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

MOURSUND, J.

This case was set for submission on May 28th. Appellant filed his briefs in this court on May 24th, and on the same day filed a copy in the trial court, and had the attorneys for appellee served with notice of such filing. Appellee has filed a motion to dismiss the appeal.on the ground that by reason of the failure to file briefs in time he has been prevented from properly making his defense in this court When ap-pellee insists upon the enforcement of the rules, and the court cannot say that it is evident ample time remains to appellee in which to answer, the appeal should be dismissed. Hamilton v. McLane, 147 S. W. 284, and cases therein cited.

*176 Eleven assignments of error are briefed in this case; the brief containing 35 pages. We conclude that it was not incumbent upon ap-pellees to undertake to answer the brief within the few days left them, and that their motion should be granted.

The appeal is dismissed for want of prosecution, and appellant is permitted to withdraw the transcript.

Cite This Page — Counsel Stack

Bluebook (online)

158 S.W. 175, 1913 Tex. App. LEXIS 1218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galveston-h-s-a-ry-co-v-short-texapp-1913.

Opinion

Related

Cite This Page — Counsel Stack