Texas Reports Volume 99

Texas Reports Volume 99

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...of the transcript. That matter was finally disposed of at the last term of this court. The final order therein was entered December 21, 1904. "The plaintiffs thereupon perfected a writ of error to this court and duly filed the record herein on May 6, 1905, and the cause was duly placed upon the docket of this court. "On Ma 19, 1905, the appellee asked in due form that the judgment be affirme on certificate because the appeal had been abandoned. This court, without knowledge of the pendency of the writ of error here, affirmed the judgment as requested. "The appellee thereafter moved to dismiss the writ of error. The plaintiffs in error resisted the motion and also moved for rehearing in the matter of the affirmance on certificate. We were requested to consolidate the motions and hear them together, which we did. These motions were passed to this term and upon hearing the writ of error was dismissed and the judgment of affirmance allowed to stand. The views of this court were then for the first time embodied in a written opinion. (13 Texas Ct. Rep., 792). "Appellants contend that our holding is in direct conflict with Anderson v. Waco State Bank, decided by the Court of Civil Appeals of the Third District and reported in 47 S. W., 552, and for the reason ask that we certify the question. "In this case we held that the appellants did not voluntarily abandon their appeal and while we held the reasons for failure to file the transcript insufficient, we were of opinion there was no fraud and no purpose to delay appellee. We concluded in effect, however, that in view of the case of Scottish U. Ins. Co. v. Clancey, 91 Texas, 467, it was immaterial whether the failure to file the transcript in time was through...show more

Product details

  • Paperback | 396 pages
  • 189 x 246 x 21mm | 703g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236899911
  • 9781236899910