Court of Civil Appeals of Texas, 1925

Loper v. Loper

Loper v. Loper
Court of Civil Appeals of Texas · Decided January 7, 1925 · Jackson
268 S.W. 757 (South Western Reporter)

Loper v. Loper

Opinion of the Court

JACKSON, J.

This is a suit for divorce by appellant against appellee, tried before the judge of the district court of Potter county, Tex., at a term of said court ending October 18, 1924. Judgment was rendered denying the divorce.

Appellant thereafter filed her appeal bond in proper time, but- the transcript fails tO' show that .appellant gave “notice of appeal i'n open court” as required by statute. V. S. T. C. S., art. 2084.

The appellee made no contest of the divorce in the proceedings in district court, and makes none here.

The transcript failing to show that notice of appeal was given as the law requires, this court is without jurisdiction. Western Union Telegraph. Co. v. O’Keefe, 87 Tex. 423, 28 S. W. 945; S. A. & A. P. Ry. Co. v. McDonald (Tex. Civ. App.) 31 S. W. 72; Seaboard Oil & Gas. Co. v. Oklahoma State Bank (Tex. Civ. App.) 233 S. W. 321; Beaumont v. Newsome (Tex. Civ. App.) 143 S. W. "941.

The appeal is therefore dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.