T. & N. O. R. R. Co. v. White
Texas Supreme Court
Error from Tom Green. Tried below before the Hon. A. Blacker. In addition to facts stated in the opinion, the following extract from the judgment is given: “And in case the defendants fail to make partition and deed to plaintiff as aforesaid within the time aforesaid, to wit, within sixty days from the adjournment of this court: It is therefore ordered, adjudged and decreed that plaintiff do have and recover of and from the defendants herein the sum of twenty-three hundred…
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Error from Tom Green. Tried below before the Hon. A. Blacker. In addition to facts stated in the opinion, the following extract from the judgment is given: “And in case the defendants fail to make partition and deed to plaintiff as aforesaid within the time aforesaid, to wit, within sixty days from the adjournment of this court: It is therefore ordered, adjudged and decreed that plaintiff do have and recover of and from the defendants herein the sum of twenty-three hundred and forty-six dollars and sixty-six cents ($2,346.66), and all costs herein expended, for which execution may issue.”
1Opinion of the Court
Gould, Associate Justice.
The original petition, as compensation for locating and surveying of ten 640-acre certificates and returning the field notes to the general land office, claimed one-third of the land so located, or the sum of $214 for each certificate so located, as the value of plaintiff’s services. After service of this petition, and without any appearance by defendants, an amended petition (wrongly styled “supplemental”) was filed, alleging the location, etc., of another 640-acre certificate, and claiming like compensation therefor. This was setting up an additional or new cause of…
2Cases cited3 opinions
- Morrison v. WalkerTexas Supreme Court · 1858
- Furlow v. MillerTexas Supreme Court · 1867
- Van Hook v. SimmonsTexas Supreme Court · 1860
3Cited by1 opinion
- Bower v. LivelyCourt of Appeals of Texas · 1928