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139 S.W. 924

Denson v. Taylor

Court of Appeals of Texas

Decided June 27, 1911

Court of Appeals of Texas · decided 1911-06-27

<p>Appeal and Error (§ 773*) — Dismissal — Grounds — Briefs—Assignments of Error —Failure to Pile.</p> <p>Where no briefs or assignments of error were filed and no excuse offered for failure to file the same, and the cause was regularly set down and called for submission, motion to dismiss for such failure will be granted.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3108; Dec. Dig. § 773.*]</p>

Dismissed · Decided 1911-06-27

PLEASANTS, C. J.

¶1 This suit was brought by appellants to enjoin the execution of a judgment against them in favor of appel-lee, rendered in the county court of Anderson county. Upon motion of defendant the court below dismissed plaintiffs’ suit.

¶2 There are no assignments of error in the record, and no briefs have been filed by appellants. Appellee on May 27, 1911, filed a motion to dismiss the appeal on this ground, which motion was taken with the case. 'The cause having been regularly set and called for submission, and no briefs having been filed by appellants, and no excuse offered for failure to file same, the motion to dismiss should be granted, and it has been so ordered.

¶3 Dismissed.

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