W. M. Cason & Bro. v. Connor
Texas Supreme Court
3. Practice—Findings of Fact.—See case illustrating the injury following the failure and refusal of the trial judge to amend his findings when the omissions were called to his attention. Bill of exceptions having been taken to the refusal, it is ground for complaint. 4. Subrogation.—Subrogation may arise from the agreement of parties or by implication in equity to prevent fraud or injustice.
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3. Practice—Findings of Fact.—See case illustrating the injury following the failure and refusal of the trial judge to amend his findings when the omissions were called to his attention. Bill of exceptions having been taken to the refusal, it is ground for complaint. 4. Subrogation.—Subrogation may arise from the agreement of parties or by implication in equity to prevent fraud or injustice. On November 29, 1889, W. M. Cason & Bro., appellants, filed in the Justice Court of Precinct No. 5 of Morris County, Texas, two notes for $30.60 each, and a balance due by judgment of $25.59, and asked a…
1Opinion of the Court
MARE, Judge,
Section A.—It is first assigned as error that the court below should have dismissed the appeal of the intervenor T. C. Connor from the judgment of the Justice Court, because his appeal bond was not made payable to J. L. Westfall as well as to the appellants; and because, as it is claimed, the judgment of the last named court was not final. How the District Court could reasonably be expected to have-taken such action we are unable to perceive, since no such issue or question, by motion or otherwise, was raised in that tribunal. In view of another trial, we may say that the' motion…
2Cases cited10 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Neely v. JonesWest Virginia Supreme Court · 1880
- Andrews v. KeyTexas Supreme Court · 1890
- Hicks v. MorrisTexas Supreme Court · 1882
- McNew's Executors v. RogersTennessee Supreme Court · 1848
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3Cited by34 opinions
- Sullivan v. DoyleTexas Supreme Court · 1917
- Providence Institution for Savings v. SimsTexas Supreme Court · 1969
- Galveston, H. & S. A. Ry. Co. v. Stewart & ThreadgillTexas Commission of Appeals · 1924
- Med Center Bank v. FleetwoodCourt of Appeals of Texas · 1993
- Clark v. BrileyCourt of Appeals of Texas · 1916
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