HOLLAND v. FOLEY BROTHERS DRY GOODS COMPANY

No. 7084.

324 S.W.2d 430 (1959)

Jessie Arena HOLLAND et vir, Appellants, v. FOLEY BROTHERS DRY GOODS COMPANY, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 28, 1959.


Attorney(s) appearing for the Case

Smith & Lehmann, T. O. McWhorter, Houston, for appellants.

Charles L. Tighe, Baker, Botts, Andrews & Shepherd, Houston, for appellees.


PER CURIAM.

The opinions in this case dated January 20, 1959, and March 10, 1959, are withdrawn and the following is substituted.

A majority has concluded that this Court does not have jurisdiction of the appeal. The procedural facts disclosed by the record show the appeal bond was not timely filed and authorities relevant thereto hold that this Court must dismiss the appeal under such circumstances.

Upon jury answers to special issues the trial court...

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