Waterman Lumber & Supply Co. v. Holmes

McMEANS, J. Article 1614, Revised Statutes 1911, provides: “When any cause or suit may be taken up from any inferior court to the Court of Civil Appeals, whether by appeal, writ of error, or otherwise, it shall be lawful for the attorney for both plaintiff and defendant to file in the papers of said suit or cause written or printed briefs, or argument, if written not to exceed fifteen pages,” etc. Rule 37 (149 S. W. x), as amended by our Supreme Court on October 30, 1912, and which amendment became effective November 15, 1912, provides: “The briefs of the parties, framed in accordance with-these rules must be signed by-the party or his counsel * * * and the copies thereof filed in the appellate court shall be plainly written or printed, and if it covers more than fifteen pages of foolscap, they shall be printed.” In National Bank v. Lovenberg, 63 Tex. 512, our Supreme Court held; in effect, that a typewritten brief should be regarded as a written, and not a printed, brief. See, also, Heath v. Hall, 27 S. W. 160. Appellant’s brief is violative of the statute and rule above quoted, in that it consists of more than 40 typewritten pages. As said in Heath v. Hall, supra, “We must insist on a compliance with this rule, as it is intended to aid in the dispatch of business.” The briefs are ordered stricken out and returned to -appellant’s counsel, and appellant will be allowed to file copies of its brief, either properly written or printed, within 15 days from this date, and in case of failure so to do, the appeal will be. dismissed. , •