Beatrice Pevey Brinkley v. State

In a forceful second motion to reinstate her appeal, appellant questions the soundness of that portion of our opinion on motion to reinstate the appeal in which we said: "Nothing is found in the opinion of the Court (Dallas Storage and Warehouse Co. et al v. Taylor, 124 Texas 315, 77 S.W.2d 1031) to suggest that the decision was based in any way upon a distinction between the word shall and the word must." Upon further study, I do not find myself in agreement with the expression quoted above, but do remain convinced of the soundness of the holding which we originally reached. In the words of the Texas Supreme Court in the case cited, "A statute which like this * * * would give the trial court jurisdiction of indefinite duration over its judgments unless some certain time was fixed within which the motion must be heard and determined * * *. Thus the postponement