Gulf, C. & S. F. Ry. Co. v. Hall
| Decision Date | 14 October 1903 |
| Citation | 76 S.W. 590 |
| Parties | GULF, C. & S. F. RY. CO. v. HALL. |
| Court | Texas Court of Appeals |
J. W. Terry and Ballinger Mills, for the motion.
At the last term of this court the appellant in this case filed within the time required by law a transcript and record on appeal. For failure to comply with the statute requiring briefs to be filed by the appellant in the lower court, the appeal on motion of appellee was dismissed. Thereafter the appellee brought up the record on motion to affirm on certificate, which motion was granted, and judgment of the trial court affirmed. Thereupon the appellant, within the time required by the statute, filed his motion for rehearing, complaining of the judgment of the court affirming the judgment below on certificate.
It is contended that, inasmuch as the appellant had complied with the law in filing its transcript and record on appeal in this court within the time required, this court had no authority to affirm the judgment of the trial court on certificate. Upon a reconsideration of this question, we are of the opinion that the appellant is correct in its contention. Articles 1016 and 1017 of the Revised Statutes of 1895 seem to limit the power of the Courts of Civil Appeals to affirm on certificate only to cases where the record on appeal has not been filed in the Court of Civil Appeals within the time required by the statute.
Motion is granted, and judgment of this court heretofore rendered affirming on certificate is set aside.
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