Pecos & Northern Texas Railway Company, Et. Al. v. C. B. Cox

Summary

The Texas Supreme Court held that a district judge may, in vacation, extend the time for filing a statement of facts and bills of exception by consent of the parties, and that such consent need not be in writing. Because the statute does not require written consent, the court presumed consent was given, rendering the lower court's striking of the statement of facts erroneous. The judgment of the Court of Civil Appeals was reversed and the case remanded for restoration of the statement of facts and further proceedings on the full record.