Court of Civil Appeals of Texas, 1919

Smith v. Smith

Smith v. Smith
Court of Civil Appeals of Texas · Decided February 12, 1919 · Fly
209 S.W. 682; 1919 Tex. App. LEXIS 292 (South Western Reporter)

Smith v. Smith

Opinion of the Court

FLY, C. J.

[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.

The appeal is dismissed.

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