Franklin v. Tiernan
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stuart. Appellee brought this suit on the 21st of September, 1877, in trespass to try title against appellants, to recover possession of twenty acres of land situated in the county of Galveston, and comprising two smaller tracts of ten acres each, known as lots 120 and 125 in section 2, on Phelan’s map of the original survey of Galveston Island, alleging that it was the same that was granted by the state of Texas to…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stuart. Appellee brought this suit on the 21st of September, 1877, in trespass to try title against appellants, to recover possession of twenty acres of land situated in the county of Galveston, and comprising two smaller tracts of ten acres each, known as lots 120 and 125 in section 2, on Phelan’s map of the original survey of Galveston Island, alleging that it was the same that was granted by the state of Texas to the heirs of John Lambert, deceased, assignee of Francis. Hughes, and their heirs or assigns, by patent dated December 1,…
1Opinion of the Court
West, Associate Justice.
There is a motion filed in this case, on behalf of the appellee, to strike from the record all the appellant’s bills of exceptions. This motion is based on the ground that the bills in question were not submitted to appellee or his counsel before they were signed and filed in the case.
It appears that they were all prepared in time by the appellant, and delivered to the presiding judge for his examination and action, as required by the statute.
It is said that the district judge, through inadvertence or from some cause, failed to submit these bills, as the statute makes…
2Cases cited3 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Kerr v. FarishMississippi Supreme Court · 1876
- Franklin v. TiernanTexas Supreme Court · 1882
3Cited by12 opinions
- Texas Employers' Ins. Ass'n v. DraytonCourt of Appeals of Texas · 1943
- Torrey, Davidson & Grosscup v. Wm. Cameron & Co.Texas Supreme Court · 1889
- Crosby v. ArdoinCourt of Appeals of Texas · 1912
- Hemler v. Hucony Gas Co.Court of Appeals of Texas · 1929
- Herndon v. DecordovaCourt of Appeals of Texas · 1899
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