Birdwell v. Cox
Texas Supreme Court
Error from Walker. Tried below before the Hon. Peter W. Gray. Suit by defendant in error against plaintiffs in error on a promissory note. Plea of failure of consideration. There was an affidavit by defendants, for a continuance on the ground that a commission to take the depositions of certain witnesses in Tennessee, had not been returned. But it did not appear that any order was made on it, or that it was called to the attention of the Court.
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Error from Walker. Tried below before the Hon. Peter W. Gray. Suit by defendant in error against plaintiffs in error on a promissory note. Plea of failure of consideration. There was an affidavit by defendants, for a continuance on the ground that a commission to take the depositions of certain witnesses in Tennessee, had not been returned. But it did not appear that any order was made on it, or that it was called to the attention of the Court. Verdict and judgment for plaintiff, Motion for new trial, in support of which the following affidavits were filed: That defendants were forced into…
1Opinion of the CourtWheeler, J.
The alleged agreement not being in writing, and the counsel differing as to the existence of such agreement, the Court very properly refused to grant a new trial on that ground. Agreements of counsel, respecting the disposition of causes, which are merely verbal, are very liable to be misconstrued or forgotten, and to beget misunderstandings and controversies ; and hence there is great propriety in the rule which requires that all agreements of counsel respecting their causes shall be in writing, and if not, the Court will not enforce them. They will then speak for themselves, and the Court…
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- Ebner v. First State Bank of Smithville, Texas Court of Appeals, 3rd District (Austin)2000
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