Lacey v. Ashe
Texas Supreme Court
Error from Harris. Tried below before the Hon. Peter W. Gray. Suit by the defendant in error to recover money advanced for the benefit of plaintiff’s in error intestate. Judgment for appellee. The record contains no notice of appeal, but contains a statement of facts signed by the counsel for the plaintiff in error only, and signed also by the Judge without seal.
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Error from Harris. Tried below before the Hon. Peter W. Gray. Suit by the defendant in error to recover money advanced for the benefit of plaintiff’s in error intestate. Judgment for appellee. The record contains no notice of appeal, but contains a statement of facts signed by the counsel for the plaintiff in error only, and signed also by the Judge without seal. The only question before the Court was, whether this statement of facts should be received and considered as part of the record.
1Opinion of the Court
Hemphill, Ch. J.
The defendant in error urges very strongly that the statement of facts should not be received on the grounds, principally, that there was no notice of appeal, and also that the statement being made out by the attorney of but one of the parties, was not sealed, but only signed by the Judge.
The first position assumed is believed to be a sound view of the law, and as a consequence must lead to a rejection of the statement.
There is no special provision authorizing statements of facts to be received as a part of the record, when the cause is brought up by writ of error. But a writ…
2Cases cited2 opinions
- Kelso v. TownsendTexas Supreme Court · 1854
- Withee v. MayTexas Supreme Court · 1852
3Cited by8 opinions
- McManus v. WallisTexas Supreme Court · 1880
- Hess v. StateCourt of Appeals of Texas · 1891
- Brown v. State.Court of Criminal Appeals of Texas · 1909
- Willis & Bro. v. SmithCourt of Appeals of Texas · 1897
- Hofheinz v. WilsonCourt of Appeals of Texas · 1926
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