Van Dusen v. McFaddin

Court of Appeals of Texas

Van Dusen v. McFaddin

128 S.W.2d 539, 1939 Tex. App. LEXIS 1131

CourtCourt of Appeals of Texas

DecidedApril 20, 1939

DocketNo. 3453.

StatusPublished

This text of 128 S.W.2d 539 (Van Dusen v. McFaddin) 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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Van Dusen v. McFaddin, 128 S.W.2d 539, 1939 Tex. App. LEXIS 1131 (Tex. Ct. App. 1939).

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Opinion

COMBS, Justice.

This case is before us without briefs. On April 11, 1939, two days before the date of submission, appellants filed a motion requesting a postponement of submission in order that newly employed counsel might have time to prepare and file a brief. After considering the motion and appellees reply thereto we reached the conclusion that good cause for failure to file briefs was not shown, and on submission day overruled the motion. See art. 1848, as amended by Acts 1935, 44th Leg., ch. 90, sec. 1, p. 225, Vernon’s Ann.Civ.St. art. 1848; Graves v. Connecticut General Life Ins. Co., Tex.Civ.App., 104 S.W.2d 121, and authorities cited.

The appeal is dismissed.

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COMBS, Justice.

This case is before us without briefs. On April 11, 1939, two days before the date of submission, appellants filed a motion requesting a postponement of submission in order that newly employed counsel might have time to prepare and file a brief. After considering the motion and appellees reply thereto we reached the conclusion that good cause for failure to file briefs was not shown, and on submission day overruled the motion. See art. 1848, as amended by Acts 1935, 44th Leg., ch. 90, sec. 1, p. 225, Vernon’s Ann.Civ.St. art. 1848; Graves v. Connecticut General Life Ins. Co., Tex.Civ.App., 104 S.W.2d 121, and authorities cited.

The appeal is dismissed.

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128 S.W.2d 539, 1939 Tex. App. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-dusen-v-mcfaddin-texapp-1939.

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