Zmek v. Dryer
Court of Appeals of Texas
Error from District Court, Bowie County; W. T. Armstead, Judge. Action by E. A. Dryer against Joseph Zmek and others. There was a judgment for plaintiff, and defendant Zmek brings error. Jesse A. Miller owned a tract of land containing 560 acres in Bowie county, and a tract containing 465½ acres in Cass county. January 30, 1911, said Miller, in writing, authorized J. M. Christopher and J. N. L. King to sell said land on terms specified.
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Error from District Court, Bowie County; W. T. Armstead, Judge. Action by E. A. Dryer against Joseph Zmek and others. There was a judgment for plaintiff, and defendant Zmek brings error. Jesse A. Miller owned a tract of land containing 560 acres in Bowie county, and a tract containing 465½ acres in Cass county. January 30, 1911, said Miller, in writing, authorized J. M. Christopher and J. N. L. King to sell said land on terms specified. February 2, 1911, Miller, for a consideration paid to him by defendant in error, E. A. Dryer, by an instrument in writing, gave said Dryer an option, to be…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1, 2] It is believed this court is without authority to consider the assignments of error relied upon in plaintiff in error’s brief, and that the judgment should be affirmed because error therein is not apparent on the face of the record. Plaintiff in error having filed a motion for a new trial in the court below, he is confined in this court to the grounds of error set up in his motion, except that he may assign, and this court may consider, an error of law “apparent upon the record.” Articles 1607 and 1612, Vernon’s Statutes; Rules 23 and 24 (142 S. W.…
2Cases cited4 opinions
- Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
- Oar v. DavisTexas Supreme Court · 1912
- Astin v. MostellerCourt of Appeals of Texas · 1912
- Williams v. GravesCourt of Appeals of Texas · 1894
3Cited by3 opinions
- General Bonding & Casualty Ins. Co. v. HarlessCourt of Appeals of Texas · 1919
- Jones v. Texas Electric Ry.Court of Appeals of Texas · 1919
- Ætna Accident & Liability Co. v. Trustees of First Christian Church of ParisCourt of Appeals of Texas · 1920