DocketNumber: No. 10.
Citation Numbers: 277 S.W. 801
Judges: Littber
Filed Date: 11/13/1925
Status: Precedential
Modified Date: 10/19/2024
This cause was tried at the May term, 1924, which term adjourned July 14, 1924. Judgment was not entered in the case at said term. On August 30, 1924, the court entered its judgment of record nunc pro tunc. In this nunc pro tunc judgment notice of appeal was given. Appeal bond was filed July 29, 1924, prior to entry of judgment and notice of appeal. No notice of appeal, other than that of August 30, appears. This last statement is made only for the purpose of showing the state of the record and is not material.
It is well settled that an appeal will not lie from a judgment until entered of record. New Birmingham, etc., Co. v. Blevens,
App. 182,
It follows that, where judgment is not entered at term in which rendered, but is entered "nunc pro tunc" at a later term, an appeal bond, filed before judgment is entered of record, does not confer jurisdiction on Court of Civil Appeals. Cooper v. Carter (Tex.Civ.App.)
Cooper v. Carter , 1921 Tex. App. LEXIS 964 ( 1921 )
Texas & New Orleans Railroad v. Texas Tram & Lumber Co. , 50 Tex. Civ. App. 182 ( 1908 )
New Birmingham Iron & Land Co. v. Blevens , 12 Tex. Civ. App. 410 ( 1896 )
Shields v. Amicable Life Ins. Co. , 287 S.W. 293 ( 1926 )
Davis v. McCray Refrigerator Sales Corp. , 136 Tex. 296 ( 1941 )
Burnette v. Miracle , 1927 Tex. App. LEXIS 357 ( 1927 )
Elishah Sawyers, Pax Crate & Freight, Inc. and Robin ... ( 2015 )
Owens v. First Texas Prudential Life Ins. Co. , 23 S.W.2d 444 ( 1929 )
Yellow Cab Co. v. McCloskey , 1935 Tex. App. LEXIS 521 ( 1935 )
Jones v. Kuhn , 139 Tex. 125 ( 1942 )
Gilmore v. Ladell , 34 S.W.2d 919 ( 1930 )
United States v. Branson , 147 S.W.2d 286 ( 1941 )
Reed v. Arnold , 1937 Tex. App. LEXIS 516 ( 1937 )
Bostwick v. Bucklin , 1945 Tex. App. LEXIS 603 ( 1945 )
Lyle v. McDowell , 1938 Tex. App. LEXIS 1116 ( 1938 )
Bean v. Peurifoy , 1934 Tex. App. LEXIS 787 ( 1934 )
Earnest v. Couch , 66 S.W.2d 483 ( 1933 )