Opinion
No. 1911.
October 21, 1926.
Error from Taylor County Court; Carlos D. Speck, Judge.
Action between George F. Stribling and others and W. M. Riggs. Motion of George F. Stribling and others for new trial was overruled, and they bring error. Writ dismissed.
Roy L. Duke and Stinson, Coombes Brooks, all of Abilene, for plaintiffs in error.
Scarborough Wilson, of Abilene, for defendant in error.
In this case judgment was rendered May 23, 1925. Motion for new trial was overruled June 13, 1925. The petition for writ of error was filed December 10, 1925. The time within which writ of error must be sued out is six months from the date of the judgment on May 23d, and not from the date upon which the motion for new trial was overruled. Article 2255, R.S. 1925; Cooper v. Yoakum, 91 Tex. 391, 43 S.W. 871.
The writ or error herein was not sued out in time, for which reason the same is dismissed.
Dismissed.