Opinion
No. 6117.
November 25, 1925.
Error from District Court, Travis County; Geo. Calhoun, Judge.
Action between E. J. Hofheinz and John Wilson and others. Judgment was adverse to Hofheinz, and he brought error. On motion of Wilson and others to affirm on certificate. Motion overruled.
Hart, Patterson Hart, of Austin, for plaintiff in error.
Dickens Dickens and Harris Harris, all of Austin, for defendants in error.
Motion to affirm on certificate. Notice of appeal given, but the record presented does not show by certificate of the clerk or otherwise that appeal bond was filed or that the appeal was otherwise perfected. This court is therefore without jurisdiction to affirm on certificate. R.S. 1925, art. 1841; Supreme Council v. Anderson, 36 Tex. Civ. App. 615, 83 S.W. 207; Brightman v. Brightman (Tex.Civ.App.) 166 S.W. 415.
The motion is overruled.