# Brown v. Tucker

> Court of Appeals of Texas · June 29, 1911 · 139 S.W. 924

URL: https://www.frixlaw.com/law-library/cases/3950876

## Case

- **Full name:** BROWN v. TUCKER Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** June 29, 1911
- **Citations:** 139 S.W. 924; 1911 Tex. App. LEXIS 1226
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Willson
- **Judges:** Willson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3950876

## Opinion text

WILLSON, C. J.
The judgment appealed from was rendered during a term of the court which expired March 5, 1910. The appeal bond was not filed with the clerk of that court until April 22, 1910. The law required it to be so filed within 20 days after the expiration of the term. Sayles’ Stat. art. 1387. It has been repeatedly held that, unless the bond is filed within the time prescribed by the statute, the appellate court does not acquire jurisdiction of the appeal. Burr v. Lewis, 6 Tex. 76 ; Smith v. Parks, 55 Tex. 85 ; Lyell v. Guadaloupe Co., 28 Tex. 58 ; McLane v. Russell, 29 Tex. 128 ; Mara v. Branch, 127 S. W. 1076 .
As, therefore, this court is without jurisdiction to hear and determine it, the appeal is dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3950876. Public record. Not legal advice.
