Spencer v. James
Court of Appeals of Texas
4. Practice—Findings of Fact by Trial Court—Exceptions Below.—Complaint that the trial court’s findings of fact do not warrant the judgment because defective in not specifically finding certain facts involved, is of no avail where the record fails to show that any proper exception on this account was reserved below by bill of exceptions or by exception in the judgment entry, or that such objection was urged in the motion for new trial. 6. Same—Request for Additional Findings…
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4. Practice—Findings of Fact by Trial Court—Exceptions Below.—Complaint that the trial court’s findings of fact do not warrant the judgment because defective in not specifically finding certain facts involved, is of no avail where the record fails to show that any proper exception on this account was reserved below by bill of exceptions or by exception in the judgment entry, or that such objection was urged in the motion for new trial. 6. Same—Request for Additional Findings of Fact.—Where the trial court's findings of fact are defective in omitting to specifically find certain facts…
1Opinion of the Court
TARLTON, Chief Justice.
The appellee J. C. James, on May 2, ■1892, brought this suit, number 466, against the State Rational Bank and against W. J. Spencer, a resident of Ellis County, Texas, and appellant herein.
The allegations of the plaintiff’s petition are to the following purport: On and before December 18,1890, B. P. McFarlin & Co., a firm composed of B. P. McFarlin and R. M. McFarlin, were indebted to T. M. James & Sons, of Kansas City, Mo. On this indebtedness T. M. James & Sons recovered, on August 22, 1891, a judgment against B. P. McFarlin & Co., in the sum of $768.81. On December…
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