McAlester MacAroni Factory v. Schell

Court of Appeals of Texas

McAlester MacAroni Factory v. Schell

277 S.W. 805

Court of Appeals of Texas·Decided October 15, 1925·No. No. 3113.·Published

Opinion

WILLSON, C. J.

It appears from the record that the judgment appealed from was rendered at a term of the county court which ended October 4, 1924; and it further appears that the appeal bond was not filed in said court until November 8,1924. To confer power on this court to hear and determine the appeal, the bond must have been filed within 20 days after the expiration of said term'of said court. As it was not; this court cannot do otherwise than dismiss the appeal. Article 2084, Vernon’s Statutes; Farmer v. McKinley (Tex. Civ. App.) 208 S. W. 408; Mfg. Co. v. Shahady (Tex. Civ. App.) 258 S. W. 207.

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WILLSON, C. J.

It appears from the record that the judgment appealed from was rendered at a term of the county court which ended October 4, 1924; and it further appears that the appeal bond was not filed in said court until November 8,1924. To confer power on this court to hear and determine the appeal, the bond must have been filed within 20 days after the expiration of said term'of said court. As it was not; this court cannot do otherwise than dismiss the appeal. Article 2084, Vernon’s Statutes; Farmer v. McKinley (Tex. Civ. App.) 208 S. W. 408; Mfg. Co. v. Shahady (Tex. Civ. App.) 258 S. W. 207.

McAlester MacAroni Factory v. Schell, 277 S.W. 805 (Tex. Ct. App. 1925).

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