Dilworth v. Ed. Steves & Sons
Summary of the case Dilworth v. Ed. Steves & Sons
The case was tried in the District Court of Bexar County, beginning October 6, 1913, and ending November 29, 1913. The plaintiffs filed an appeal bond on December 29, 1913, which was more than twenty days after the term ended, making it untimely. Consequently, the Court of Civil Appeals lacked jurisdiction over the appeal, and the application for writ of error was dismissed.
Key Issues of the case Dilworth v. Ed. Steves & Sons
- Timeliness of appeal bond filing
- Jurisdiction of the Court of Civil Appeals
Key Facts of the case Dilworth v. Ed. Steves & Sons
- The appeal bond was filed more than twenty days after the term ended.
- The Court of Civil Appeals was not made aware of the late filing.
Decision of the case Dilworth v. Ed. Steves & Sons
Dismissed
Opinions
The case was tried in the District Court of Bexar County for the Seventy-third Judicial District at a term beginning October 6, 1913, and ending November 29, 1913, and which could not by law continue more than eight weeks. The appeal bond of the plaintiffs in error was filed in the trial court December 29, 1913, more than twenty days after the expiration of the term. It was, therefore, filed too late. Rev.
Stats., art. 2084. The matter does not appear to have been brought to the attention of the Court of Civil Appeals, but the bond not having been filed in time, it was without jurisdiction of the appeal, as is this court of the application for writ of error, which is accordingly dismissed. El Paso Northwestern Ry. Co. v.
Whatley, 99 Tex. 128 [99 Tex. 128], 87 S.W. 819.