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29 S.W.2d 484

Pool v. Mitchell

Court of Appeals of Texas

Decided June 27, 1930

Court of Appeals of Texas · decided 1930-06-27

Cited by 2 later decisions — most recently October 1944

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1930-06-27

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PEBPHRET, C. J.

¶1 This is a motion by defendant in error to affirm on certificate.

¶2 An examination of the certificate presented with the motion shows that the judgment was rendered August 8, 1929; that the term of court was extended until the conclusion of the trial of the case; that the motion for a new trial was overruled and notice of appeal given on November 1, 1929 ; that a super-sedeas bond was filed on December 6, 1929; and that a petition and bond for a writ of error was filed on March 4, 1930.

¶3 From these facts it appears that the original supersedeas bond was filed more than twenty days after the term of court expired, and that the writ of error bond was filed more than six months after the final judgment. Consequently this court is without jurisdiction, and the motion to affirm on certificate must be overruled.

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