Texas State Life Ins. Co. v. Price

Court of Appeals of Texas

Texas State Life Ins. Co. v. Price

131 S.W.2d 760

CourtCourt of Appeals of Texas

DecidedSeptember 14, 1939

DocketNo. 2244.

StatusPublished

This text of 131 S.W.2d 760 (Texas State Life Ins. Co. v. Price) 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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Texas State Life Ins. Co. v. Price, 131 S.W.2d 760 (Tex. Ct. App. 1939).

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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 judgment on November 7, 1938. Petition for writ of error was filed on March 13, 1939' and service was had thereon on March 15, 1939. The time within which the transcript should have been filed in the Court of Civil Appeals expired May 14, 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 August 8, 1939, during the term to which plaintiff in error’s appeal was returnable.

Under the provisions of R.S. art. 1831, Vernon’s Ann.Civ.St. art. 1831, 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.

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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 judgment on November 7, 1938. Petition for writ of error was filed on March 13, 1939' and service was had thereon on March 15, 1939. The time within which the transcript should have been filed in the Court of Civil Appeals expired May 14, 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 August 8, 1939, during the term to which plaintiff in error’s appeal was returnable.

Under the provisions of R.S. art. 1831, Vernon’s Ann.Civ.St. art. 1831, 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.

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131 S.W.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-state-life-ins-co-v-price-texapp-1939.

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