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CONSOLIDATED FURNITURE COMPANY v. KELLY

No. A-9204.

366 S.W.2d 922 (1963)

CONSOLIDATED FURNITURE COMPANY, Inc., et al., Petitioners, v. Marion Lee KELLY, Respondent.

Supreme Court of Texas.

Rehearing Denied May 8, 1963.

Attorney(s) appearing for the Case

The Kempers, John D. Richardson, Houston, with firm for petitioners.

Richard Powell and Paul Tucker, Houston, for respondent.

STEAKLEY, Justice.

The Court of Civil Appeals dismissed this appeal for want of jurisdiction because Petitioners' appeal bond was filed more than thirty days after Petitioners original motion for new trial was overruled by operation of law. The dismissal rested principally on the holding that Petitioners' amended motion for new trial filed July 10, 1961, was, in effect, a nullity because it was not filed "by leave of the court" as provided in Rule 329b, Sec...

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