No. 16966.

321 S.W.2d 334 (1959)

Alvin WIGINGTON, Appellant, v. PARKER SQUARE STATE BANK, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

February 13, 1959.

Attorney(s) appearing for the Case

Lester O. Berg, Abilene, for appellant.

Nelson, Montgomery, Robertson & Sellers, and Ernest Robertson, Wichita Falls, for appellee.


We have before us a motion asking for an extension of time for filing the transcript under the provisions of Texas Rules of Civil Procedure, rule 386. While the motion was under consideration the appellant tendered the transcript which he desired filed.

We have concluded that the motion must be overruled in that to grant the same in the face of the record before us and under consideration for purposes of the motion would amount to an arbitrary...

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