Southern Surety Co. v. Brown

Court of Appeals of Texas

Southern Surety Co. v. Brown

245 S.W. 90, 1921 Tex. App. LEXIS 1352

CourtCourt of Appeals of Texas

DecidedMay 19, 1921

DocketNo. 1191.

StatusPublished

Cited by1 cases

This text of 245 S.W. 90 (Southern Surety Co. v. Brown) 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

Southern Surety Co. v. Brown, 245 S.W. 90, 1921 Tex. App. LEXIS 1352 (Tex. Ct. App. 1921).

Pincite

Opinion

HARPER, C. .T.

This action was brought by M. L. Brown against- the Southern Surety Company for §691.50. Tried before the court, and judgment entered of date 8th day of January, 1920.

A motion for new trial was filed January 8, 1920. An amended motion for new trial filed March 5, 1920, and overruled of same date. The transcript show's that the term of court at which this order was entered began March 1, 1920, and ended June 12, 1920.

[1] It will be noted that the motion acted upon was filed and acted upon at a subsequent term of the court. The court was without authority to do so at that time. Article 2025, R. S. (V. S.) provides:

“All motions for new trial in arrest of judgment or to set aside a judgment shall be deterr mined at the term of the court at which such motion shall be made.”

See Ætna Ins. Co. v. Dancer (Com. App.) 215 S. W. 762.

[2] The appeal bond in this case was filed on the 20th day of March, 1920. The date of final judgment being January 8, 1920, the bond was not filed in time to confer jurisdiction upon this court. Article 2084, Rev. Civ. Stat.

The appeal must therefore be dismissed. So ordered.

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