Keys v. Alamo City Baseball Co., 10901.

• Decision Date: 10 July 1940
• Docket Number: No. 10901.,10901.
• Citation: 142 S.W.2d 694
• Parties: KEYS v. ALAMO CITY BASEBALL CO.
• Court: Texas Court of Appeals

142 S.W.2d 694

KEYS v. ALAMO CITY BASEBALL CO.

No. 10901.

Court of Civil Appeals of Texas. San Antonio.

July 10, 1940.

Appeal from District Court, Fifty-Seventh District, Bexar County; Everett F. Johnson, Judge.

Action between M. T. Keys and the Alamo City Baseball Company. From an adverse judgment, M. T. Keys appeals. On motion of the Alamo City Baseball Company to dismiss the appeal, to strike statement of facts and, in the alternative, to strike an ex parte statement from the statement of facts.

Motion to dismiss appeal and motion to strike statement of facts overruled, and motion to strike the ex parte statement granted.

Sam G. Newton and Van H. Archer, both of San Antonio, for appellant.

House & Irvin, of San Antonio, for appellee.

SMITH, Chief Justice.

Appellee, Alamo City Baseball Company, has filed its motion, first, to dismiss the appeal because the appeal bond was not timely filed, second, to strike statement of facts because it includes an ex parte statement of the official court reporter, and, third, in the alternative, to strike the ex parte statement from the filed statement of facts.

The appeal bond was timely filed below, that is, within thirty days after motion for new trial was overruled, but it is defective in form and substance in that it does not disclose the date of, or efficiently describe, the judgment from which appeal is sought to be prosecuted. These defects, however, are such as may be cured by substituting a proper new bond, which will be allowed. Art. 1840, R.S.; 3 Tex.Jur. p. 344, §§ 241, 242.

The court reporter has attached to the statement of facts an ex parte...