BLACK v. CABOT CARBON CO.

No. 4904.

254 S.W.2d 188 (1952)

BLACK et al. v. CABOT CARBON CO.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 14, 1953.


Attorney(s) appearing for the Case

Jim Langdon, Stephen F. Preslar, McCamey, Henry Russell, Pecos, for appellants.

Perkins, German, Mims & Bell, W. P. Z. German, Jr., and William H. Crenshaw, Midland, Homer D. Johnson, Pampa, for appellee.


McGILL, Justice.

On July 12, 1952, appellee filed in this court a motion for affirmance on certificate and stated as grounds therefor that under Rule 330 T. R. C. P. the motion for new trial presented by appellants, being their second amended motion, having been filed on March 11, 1952, was overruled by operation of law under paragraph J of Rule 330, and therefore since the transcript was not filed in this court until July 27, 1952, it was filed too late, the order...

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