Berry v. Blankenship

Citations

• 30 Tex. 380

Syllabus

<p>Where judgment had been rendered and the party perfected his appeal, but failed to file the transcript of the record, the appellee might file the certificate of the clerk of the district court, stating the time when the appeal was perfected, at the next term after the appeal was taken, but could not legally do so at any subsequent term. (Paschal’s Dig., Arts. 1589, 1590, Notes 616,617.)</p> <p>Where the appeal was perfected in 1861, and the certificate was not filed until 1866, the case was stricken from the docket at the cost of the party filing the certificate.</p>