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SPEARS v. BROWN

No. 19296.

552 S.W.2d 560 (1977)

D. J. SPEARS, Appellant, v. Lonnie E. BROWN, Appellee.

Court of Civil Appeals of Texas, Dallas.

May 24, 1977.

Attorney(s) appearing for the Case

Jack C. Morgan, Morgan, Shumpert, Huff, Mosley & Co., Kaufman, for appellant.

L. W. Conradt, Jr., Ramsey & Conradt, Terrell, for appellee.

GUITTARD, Chief Justice.

After a default judgment, the defendant filed a petition for writ of error for review by this court and subsequently filed a cost bond. The transcript was tendered for filing more than sixty days after the petition was filed, but within sixty days from filing the bond. Plaintiff has moved for affirmance on certificate under rule 387, Texas Rules of Civil Procedure, on the ground that the sixty-day period prescribed by rule 386, Texas Rules...

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