From Casetext: Smarter Legal Research

Trim v. Planters' Cotton Oil Co.

Court of Civil Appeals of Texas, Texarkana
Jan 15, 1914
163 S.W. 103 (Tex. Civ. App. 1914)

Opinion

January 15, 1914.

Appeal from District Court, Fannin County; Ben H. Denton, Judge.

Action between F. F. Trim and the Planters' Cotton Oil Company. From a Judgment for the latter, the former appeals. Appeal dismissed.

McReynolds Hay, of Sherman, for appellant. Cunningham McMahon, of Bonham, for appellee.


It appears from the record that the judgment appealed from was rendered during the term of a district court of Fannin county which ended April 5, 1913, and that the appeal bond was not filed in that court until April 26, 1913; that is, not until after the expiration of 20 days from the date said term of court ended. It is settled that the requirement of the statute (article 2084, R.S. 1911) that an appeal bond shall be filed within 20 days after the expiration of the term at which the judgment was rendered must be complied with; otherwise the appellate court does not acquire jurisdiction of the appeal. Burr v. Lewis, 6 Tex. 80; Ry.Co. v. Whatley, 99 Tex. 128, 87 S.W. 819; Nash v. Noble, 52 Tex. Civ. App. 425, 114 S.W. 848; Simpson v. Baker, 57 Tex. Civ. App. 460, 122 S.W. 959. The appeal therefore must be dismissed.


Summaries of

Trim v. Planters' Cotton Oil Co.

Court of Civil Appeals of Texas, Texarkana
Jan 15, 1914
163 S.W. 103 (Tex. Civ. App. 1914)
Case details for

Trim v. Planters' Cotton Oil Co.

Case Details

Full title:TRIM v. PLANTERS' COTTON OIL CO

Court:Court of Civil Appeals of Texas, Texarkana

Date published: Jan 15, 1914

Citations

163 S.W. 103 (Tex. Civ. App. 1914)

Citing Cases

Bolton v. United States Fidelity

It appears that the judgment appealed from was rendered January 25, 1913, at a term of a district court for…