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MARTINEZ v. STEPHENS

No. 12401.

246 S.W.2d 707 (1952)

MARTINEZ et al. v. STEPHENS et al.

Court of Civil Appeals of Texas, San Antonio.

February 20, 1952.

Attorney(s) appearing for the Case

Polk Hornaday, Harlingen, L. R. Cowen, Brownsville, for appellants.

Kemp, Lewright, Dyer & Sorrell, Corpus Christi, for appellees.

PER CURIAM.

Appellee Mercy Hospital has filed a motion to dismiss this appeal because the record was not filed in this Court within the time prescribed by Rule 386, Texas Rules of Civil Procedure.

The record shows that plaintiff below timely filed a motion for a new trial on September 25, 1951, and there is a notation on the judge's docket to the effect that on October 19, 1951, this motion for a new trial was duly presented to the trial court and overruled...

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