Legal Opinion

Capps v. Johnson

Court of Appeals of Texas

Decided February 11, 1915No. 393PublishedCited by 2 opinions

Appeal from Beeves County Court; Ben Palmer, Special Judge. Action by B. F. Capps against F. W. Johnson. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtHiggins, J.

Capps sued Johnson to recover a balance of $450 alleged to be due for drilling a well. Judgment was rendered in Johnson’s favor. This is the second appeal of this case; former opinion appearing in 160 S. W. 1097.

Certain assignments complain of the court’s general charge and the refusal of a special instruction. There is no bill of exception in the record showing compliance .with chapter 59, Act of 1913, p. 113, for which reason the assignments are overruled. Railway Co. v. Wadsack, 166 S. W. 42; Insurance Co. v. Rhoderick, 164 S. W. 1067; Heath v. Huffhines, 168 S. W. 974. Objection, upon…

2Cases cited4 opinions

  1. St. Louis Southwestern Ry. Co. of Texas v. WadsackCourt of Appeals of Texas · 1914
  2. Mutual Life Ins. Ass'n of Donley County v. RhoderickCourt of Appeals of Texas · 1914
  3. Heath v. HuffhinesCourt of Appeals of Texas · 1914
  4. Capps v. JohnsonCourt of Appeals of Texas · 1913

3Cited by2 opinions

  1. Loeb v. Texas N. O. R. Co.Court of Appeals of Texas · 1916
  2. Loeb v. Texas N. O. R. Co.Court of Appeals of Texas · 1916

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