Texas State Life Ins. Co. v. Adams Funeral Home, Inc.

Court of Appeals of Texas

Texas State Life Ins. Co. v. Adams Funeral Home, Inc.

129 S.W.2d 322, 1939 Tex. App. LEXIS 654

Court of Appeals of Texas·Decided June 1, 1939·No. No. 2223.·Published·Cited by 1 cases

Opinion

ALEXANDER, Justice.

This case is before the court on motion of defendant in error to affirm on certificate because of the failure of plaintiff in error to file the transcript within the time provided by law. The record discloses that the trial court rendered final júdgment on November 28, 1938. Petition for writ of error was filed on March 13, 1939 and service was had thereon on March 17, 1939. The time within which the transcript should have been filed in the Court of Civil Appeals expired May 16, 1939. R.S. art. 1839, as amended 1931, Vernon’s Ann.Civ.St. art. 1839. Defendant in error filed its motion to affirm on certificate May 17, 1939, during the term to which plaintiff in error’s appeal was returnable.

Under the provisions of R.S. art. 1841, the defendant in error is entitled to have the judgment of the trial court affirmed. Art. 1841, R.S.; 3 Tex.Jur. 737; Beaver v. Beaver, Tex.Civ.App., 57 S.W.2d 279, and authorities there cited.

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 defendant in error to affirm on certificate because of the failure of plaintiff in error to file the transcript within the time provided by law. The record discloses that the trial court rendered final júdgment on November 28, 1938. Petition for writ of error was filed on March 13, 1939 and service was had thereon on March 17, 1939. The time within which the transcript should have been filed in the Court of Civil Appeals expired May 16, 1939. R.S. art. 1839, as amended 1931, Vernon’s Ann.Civ.St. art. 1839. Defendant in error filed its motion to affirm on certificate May 17, 1939, during the term to which plaintiff in error’s appeal was returnable.

Under the provisions of R.S. art. 1841, the defendant in error is entitled to have the judgment of the trial court affirmed. Art. 1841, R.S.; 3 Tex.Jur. 737; Beaver v. Beaver, Tex.Civ.App., 57 S.W.2d 279, and authorities there cited.

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

Texas State Life Ins. Co. v. Adams Funeral Home, Inc., 129 S.W.2d 322, 1939 Tex. App. LEXIS 654 (Tex. Ct. App. 1939).

Pincite

129 S.W.2d 322 (Texas State Life Ins. Co. v. Adams Funeral Home, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related