Smith v. Smith

Decided February 12, 1919

Court of Appeals of Texas · decided 1919-02-12

1. Appeal and Ebeok <&wkey;773(2) — Time foe Filin» Bbiefs. Where record on appeal in divorce case was filed in Court of Civil Appeals, September 18, 1918, appellant’s briefs, filed January 25, 1919, 12 days before case was submitted, and after appellant had been notified it was set for submission February 5th, were not filed in time required. 2. Appeal and Ekeoe <&wkey;766 — Bbiefs — Single-Spaced Typewritten Matter. Briefs consisting of 19 pages, each of single-spaced typewritten matter, were not in compliance with the rules, and, in the absence of good excuse, the appeal will be dismissed.

Cited by 1 later decisions — most recently March 1924

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1919-02-12

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FLY, C. J.

¶1 [1, 2] This is a suit for divorce instituted by appellee, and from a judgment granting the divorce appellant has perfected an appeal. The record was filed in this court on September 18, 1918. Appellant filed her brief in this court on January 23, 1919, 12 days before the case was submitted, and after appellant had been notified that it was set for submission on February 5, 1919. The briefs were not only not filed in the time required, but consist of 19 pages, each of single-spaced typewritten matter. Appellee seeks a dismissal of the appeal on the ground of noncompliance with the rules in regard to the briefs. No good excuse is given for such violation of the rules.

¶2 The appeal is dismissed.

¶3 ®=oFor other oases see same topic and KEY-NUMBER_in_aH Key-Numbered Digests and Indexes