Court of Civil Appeals of Texas, 1939

Van Dusen v. McFaddin

Van Dusen v. McFaddin
Court of Civil Appeals of Texas · Decided April 20, 1939 · Combs
128 S.W.2d 539; 1939 Tex. App. LEXIS 1131 (South Western Reporter, Second Series)

Van Dusen v. McFaddin

Opinion of the Court

COMBS, Justice.

This case is before us without briefs. On April 11, 1939, two days before the date of submission, appellants filed a motion requesting a postponement of submission in order that newly employed counsel might have time to prepare and file a brief. After considering the motion and appellees reply thereto we reached the conclusion that good cause for failure to file briefs was not shown, and on submission day overruled the motion. See art. 1848, as amended by Acts 1935, 44th Leg., ch. 90, sec. 1, p. 225, Vernon’s Ann.Civ.St. art. 1848; Graves v. Connecticut General Life Ins. Co., Tex.Civ.App., 104 S.W.2d 121, and authorities cited.

The appeal is dismissed.

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