Legal Opinion

Smalley v. Vogt

Court of Appeals of Texas

Decided April 1, 1914No. 5251Published

Appeal from District Court, Calhoun County ; John M. Green Judge. Action by F. J. Smalley against Gus Vogt. From a judgment dismissing the cause, plaintiff appeals.

1Opinion

On Motion for Rehearing.

Appellee insists that, under the rules promulgated by the "Supreme Court, none of the assignments of error should be considered. Rules were adopted presumably for the protection of the trial and appellate courts; and, while it is a violation of the rules to fail to refer to the page of the transcript where the matter complained of is found, this court, and not appellee, is inconvenienced by it. We believe in a reasonable enforcement of the rules, although it seems to be a hazardous proceeding, in view of the action of the Supreme Court in granting writs of error in…

2Cases cited4 opinions

  1. Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
  2. Western Union Telegraph Co. v. HudsonTexas Supreme Court · 1910
  3. Harlingen Land & Water Co. v. Houston Motor Co.Court of Appeals of Texas · 1913
  4. Peden Iron & Steel Co. v. JaimesCourt of Appeals of Texas · 1913

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