Houston v. Jones
Texas Supreme Court
Error from Gonzales. Suit, before a justice, by Jones against Houston. Record of justice did not show that Houston was served. Judgment in favor of Jones; Houston not appearing. Same day Houston appealed. In District Court verdict and judgment for Jones. The trial was on the 23d of April. On the 24lh of April there appears to have been filed what was designed to be a bill of exceptions, authenticated by bystanders.
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Error from Gonzales. Suit, before a justice, by Jones against Houston. Record of justice did not show that Houston was served. Judgment in favor of Jones; Houston not appearing. Same day Houston appealed. In District Court verdict and judgment for Jones. The trial was on the 23d of April. On the 24lh of April there appears to have been filed what was designed to be a bill of exceptions, authenticated by bystanders. It sets out that the defendant liad moved tlie court to dismiss tlie cause, on the ground that the process of the justice of the peace had not been served, and that the defendant…
1Opinion of the CourtLipscomb, J.
Refore considering any matter growing out of what is presented in this paper, we must first determine if it comes up so authenticated as to he received as a part of tlie record, having all the effect that it would be entitled to had it been signed and sealed as a bill of exceptions by the presiding judge. The act of the Legislature regulating bills of exceptions will he found in section 101 of the act to regulate proceedings in the District Courts passed in 1846, (p. 391,) and is in tlie following words':
‘‘ Whenever in tlie progress of a cause or tlie trial thereof either party is…
2Cited by10 opinions
- Ramsey v. WahlTexas Commission of Appeals · 1921
- McConnell v. Payne & WinfreyCourt of Appeals of Texas · 1921
- Wilson v. DuncanCourt of Appeals of Texas · 1924
- Blue Bonnet Life Ins. Co. v. ReynoldsCourt of Appeals of Texas · 1941
- Bookout v. PughCourt of Appeals of Texas · 1974
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