From Casetext: Smarter Legal Research

Koch v. Missouri Valley Bridge Iron Co.

Court of Civil Appeals of Texas
Apr 10, 1907
46 Tex. Civ. App. 84 (Tex. Civ. App. 1907)

Opinion

Decided April 10, 1907.

Briefs — Assignment not Copied.

Where the assignments of error are not copied in appellant's brief, they will not be considered, and the case will be affirmed in the absence of fundamental error.

Appeal from the County Court of Travis County. Tried below before Hon. John W. Hornsby.

Dickens Culp, for appellant.

S. R. Fisher, J. H. Tallichet and S.W. Fisher, for appellee.


The transcript contains only two assignments of error, neither of which are copied in appellant's brief, as required by Rule 29. On account of this violation of that rule appellee in its brief objects to appellant's brief and to consideration by this court of the grounds for reversal therein urged. Though appellee's brief has been on file over three months, appellant has made no effort to remedy the defect in his brief. Therefore, we sustain appellee's objection. (Chappell v. Missouri Pac. Ry., 75 Tex. 82; Harris v. Crabtree, 4 Texas Civ. App. 321[ 4 Tex. Civ. App. 321]; Horseman v. Coleman County, 57 S.W. Rep., 304; Bowman v. Hoffman, 74 S.W. Rep., 340.)

We have discovered no fundamental error and the judgment is affirmed.

Affirmed.


Summaries of

Koch v. Missouri Valley Bridge Iron Co.

Court of Civil Appeals of Texas
Apr 10, 1907
46 Tex. Civ. App. 84 (Tex. Civ. App. 1907)
Case details for

Koch v. Missouri Valley Bridge Iron Co.

Case Details

Full title:HENRY KOCH v. MISSOURI VALLEY BRIDGE IRON COMPANY

Court:Court of Civil Appeals of Texas

Date published: Apr 10, 1907

Citations

46 Tex. Civ. App. 84 (Tex. Civ. App. 1907)
101 S.W. 872

Citing Cases

Stafford Const. Co. v. Martin

The appellate court held that while the citation may be served upon the local agent, that citation, or the…

Temple Lumber Co. v. McDaniel

This was not a command to serve the defendant corporation, and will not sustain the judgment by default…