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Rayburn v. State

Supreme Court of Texas
May 23, 1962
163 Tex. 450 (Tex. 1962)

Summary

holding that the statutory time period for filing an objection to a condemnation award is not enlarged by Rule 4 of the Texas Rules of Civil Procedure

Summary of this case from Na Land Co. v. State

Opinion

No. A-8847.

April 25, 1962. Rehearing Denied May 23, 1962.

Appeal from the Texarkana Court of Civil Appeals, Sixth Supreme Judicial District

Dow Dow, M. Leon Kalvort, Houston, for petitioner.

Will Wilson, Atty. Gen., Austin, L. P. Lollar, Morgan Nesbitt and Edward A. Cazares, Assts. Atty Gen., for respondent.


Contrary to the decision of the Amarillo Court of Civil Appeals in City of Amarillo v. Adams, Tex.Civ.App., 342 S.W.2d 371 (wr. dis.), the Texarkana Court of Civil Appeals has held that the period for filing objections to the award of the commissioners in a condemnation proceeding as provided in Article 3266, Vernon's Ann.Tex.Civ.Stat., is not enlarged by the provisions of Rule 4, Texas Rules of Civil Procedure. State v. Rayburn, Tex.Civ.App., 352 S.W.2d 357. We are in agreement with the holding of the Court of Civil Appeals in the present case, because the Rules of Civil Procedure do not operate to extend the time provided by statute within which an appeal may be taken to the courts in a proceeding originally administrative in nature. The application for writ of error is Refused, No Reversible Error.


Summaries of

Rayburn v. State

Supreme Court of Texas
May 23, 1962
163 Tex. 450 (Tex. 1962)

holding that the statutory time period for filing an objection to a condemnation award is not enlarged by Rule 4 of the Texas Rules of Civil Procedure

Summary of this case from Na Land Co. v. State

In Rayburn, a one-paragraph opinion, the Supreme Court considered the Texarkana Court of Civil Appeals' holding that the period for filing objections to the award of the commissioners in a condemnation proceeding is not enlarged by Rule 4.

Summary of this case from Pecos Cnty. v. Fort Stockton Holdings, L.P.
Case details for

Rayburn v. State

Case Details

Full title:Madison RAYBURN, Judge, et al., Petitioners, v. The STATE of Texas…

Court:Supreme Court of Texas

Date published: May 23, 1962

Citations

163 Tex. 450 (Tex. 1962)
356 S.W.2d 774

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