Legal Opinion

Lutcher v. Fuller

Court of Appeals of Texas

Decided January 22, 1918No. 290Published

Appeal from District Court, Newton County; W. R. Blaekshear, Judge. Suit by John S. Fuller and others against Mrs. Frances A. Lutcher and others. Judgment for plaintiffs, and defendants appeal.

1Opinion

I regret very much to be compelled to dissent from the opinion this day handed down by my friend and Associate, Chief Justice HIGHTOWER, for whom I have a high opinion, both as a man and as a lawyer. However, constrained by a sense of duty, I feel that I should file my dissent in this matter, believing as I do that the statement of facts should have been permitted to be filed as a part of the record in this case.

This cause was tried in the court below on an agreed statement of facts, and on a former day of this court such agreed statement of facts was stricken out of the record on appeal, and…

2Cases cited10 opinions

  1. State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893
  2. Burnett v. StateTexas Supreme Court · 1855
  3. Bomar v. WestTexas Supreme Court · 1894
  4. Blum v. NeilsonTexas Supreme Court · 1883
  5. Hickey v. BehrensCourt of Appeals of Texas · 1889

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