Kirby v. South Texas Nat. Bank of San Antonio
Cases that cite this one
5 later published cases cite this decision.
- Pettit v. Engelking (Tex. App. 1953)
- Howe v. Howe (Tex. App. 1949)
- Backus v. Roper (Tex. App. 1946)
- Simmons v. Brannum (Tex. App. 1944)
- Richey v. Central Securities Co. (Tex. App. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In this case the judgment sought to be appealed from was rendered on March 3, 1939, and spread on the minutes on March 6th, but appellant did not give notice of appeal until March 15th. There was no motion for new trial filed in the case.
It is provided by statute that “an appeal may * * * be taken * * * by the appellant giving notice of appeal in open court within two days after final judgment * * Art. 2253, R.S.1925, as amended by Acts 1927, 40th Leg. p. 21, ch. 15, § 1, Vernon’s Ann.Civ.St. art. 2253.
This requirement is jurisdictional, and where, as in this case, the notice is not giken in the time and manner required, the appeal will be dismissed. 3 Tex.Jur. p. 273, § 179; Lockhart v. Lockhart, 1 Tex. 199; Lyell v. Guadaloupe County, 28 Tex. 57; Western Union Tel. Co. v. O’Keefe, 87 Tex. 423, 28 S.W. 945; Houston Life Ins. Co. v. Dabbs,. 125 Tex. 100, 81 S.W.2d 42; Golden West Oil Co. v. Golden Rod Oil Co., Tex.Civ.App., 285 S.W. 627; Eclipse Paint and Mfg. Co. v. Roofing Co., 55 Tex.Civ.App. 553, 120 S.W. 532; Gordon v. McCall, Tex.Civ.App., 56 S.W. 219; Sovereign Camp, W. O. W. v. Shaddox, Tex.Civ.App., 217 S.W. 1094.
Appellee’s motion to dismiss must be granted,, and the attempted appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.