Shipley v. Wyatt

Court of Appeals of Texas

Shipley v. Wyatt

74 S.W.2d 433, 1934 Tex. App. LEXIS 846

CourtCourt of Appeals of Texas

DecidedJuly 13, 1934

DocketNo. 1302.

StatusPublished

This text of 74 S.W.2d 433 (Shipley v. Wyatt) 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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Shipley v. Wyatt, 74 S.W.2d 433, 1934 Tex. App. LEXIS 846 (Tex. Ct. App. 1934).

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Opinion

LESLIE, Justice.

This case is before this court upon transcript accompanied by a statement of facts, but no briefs have been filed by either party. In that state of the record it is within the discretion of the Court of Civil Appeals to either dismiss the appeal without an inspection of the record for fundamental error or to inspect the record and affirm the judgment of the trial court if no fundamental error be discovered. Haynes v. J. M. Radford Grocery Co., 118 Tex. 277, 14 S.W.(2d) 811; Id. (Tex. Civ. App.) 16 S.W.(2d) 1118; Central West Texas Ins. Ass’n v. Meyers (Tex. Civ. App.) 62 S.W.(2d) 635; Peter Co. v. Green (Tex. Civ. App.) 42 S.W.(2d) 1054; 3 Tex. Jur. p. 936, § 655. We have concluded to, examine the record for such error. Finding none, the judgment of the trial court is in all things affirmed. It is so ordered.

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LESLIE, Justice.

This case is before this court upon transcript accompanied by a statement of facts, but no briefs have been filed by either party. In that state of the record it is within the discretion of the Court of Civil Appeals to either dismiss the appeal without an inspection of the record for fundamental error or to inspect the record and affirm the judgment of the trial court if no fundamental error be discovered. Haynes v. J. M. Radford Grocery Co., 118 Tex. 277, 14 S.W.(2d) 811; Id. (Tex. Civ. App.) 16 S.W.(2d) 1118; Central West Texas Ins. Ass’n v. Meyers (Tex. Civ. App.) 62 S.W.(2d) 635; Peter Co. v. Green (Tex. Civ. App.) 42 S.W.(2d) 1054; 3 Tex. Jur. p. 936, § 655. We have concluded to, examine the record for such error. Finding none, the judgment of the trial court is in all things affirmed. It is so ordered.

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74 S.W.2d 433, 1934 Tex. App. LEXIS 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipley-v-wyatt-texapp-1934.

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