Dilworth v. Steves

Decided March 10, 1915

Texas Supreme Court · decided 1915-03-10

<p>Appeal—Time for Filing Bond.</p> <p>Where the term of the District Court could not by law continue more than eight weeks, appeal bond must be filed within twenty days after expiration of the term. Where filed later, the appellate court is without jurisdiction of the appeal, and the Supreme Court without jurisdiction over an application for writ of error.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1915-03-10

How this case has been cited

Cited by 29 later decisions — most recently February 1988 · most notably Maryland Casualty Co. v. Hendrick Memorial Hospital (1943), Turcotte v. Trevino (1973)

29 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hr. Justice PHILLIPS

¶1delivered the opinion of the court.

¶2The case was tried in the District Court of Bexar County for the Seventy-third Judicial District at a term beginning October 6, 1913, and ending ¡November 29, 1913, and which could not by law continue more than eight weeks. The appeal bond of the plaintiffs in error was filed in the trial court December 29, 1913, more than twenty days after the expiration of the term. It was, therefore, filed too late. Rev. Stats., art. 2084. The matter does not appear to have been brought to the attention of the Court of Civil Appeals, but the bond not having been filed in time, it was without jurisdiction of the appeal, as is this court of the application for writ of error, which is accordingly dismissed. El Paso & Northwestern Ry. Co. v. Whatley, 99 Texas, 128, 87 S. W., 819.