Philipowski v. Spencer
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. B. W. Bimes. This was an action of trespass to try title, brought by George Philipowski, S. Samuels and W. A. Patrick, against Annie E. Spencer and her husband, H. F. Spencer, for the recovery of two hundred acres of land; suit filed June 25, 1883. Defendants pleaded general denial or not guilty, and specially that the land was the separate property of defendant Annie E. Spencer; that it was purchased with means owned by her…
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Appeal from Falls. Tried below before the Hon. B. W. Bimes. This was an action of trespass to try title, brought by George Philipowski, S. Samuels and W. A. Patrick, against Annie E. Spencer and her husband, H. F. Spencer, for the recovery of two hundred acres of land; suit filed June 25, 1883. Defendants pleaded general denial or not guilty, and specially that the land was the separate property of defendant Annie E. Spencer; that it was purchased with means owned by her long before her intermarriage with her co-defendant H. F. Spencer, and was not subject to the debts of her husband; that…
1Opinion of the Court
Walker, P. J. Com. App.
It is assigned as error that the court erred in refusing a continuance to the plaintiffs. Although it appears from the judgment that the plaintiffs moved for a continuance, and that the application was overruled, and the action of the court was excepted to by the plaintiffs, there is no bill of exceptions in the record showing that action of the court, nor the facts and circumstances attending it. Without such bill of exceptions this court will not revise the ruling complained of. See Sayles & Bassett’s Prac., sec. 583, and authorities there cited, and Cone y. Wright et…
2Cases cited17 opinions
- Chapman v. AllenTexas Supreme Court · 1855
- Shields v. HuntTexas Supreme Court · 1876
- Eastham v. RoundtreeTexas Supreme Court · 1882
- Johnson v. TimmonsTexas Supreme Court · 1878
- Benz v. HinesSupreme Court of Kansas · 1866
12 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal SavingsTexas Supreme Court · 1992
- Permian Oil Co. v. SmithTexas Supreme Court · 1937
- James v. JamesTexas Supreme Court · 1891
- Rackley v. FowlkesTexas Supreme Court · 1896
- Cavitt v. AmslerCourt of Appeals of Texas · 1922
76 more not listed; retrieve them via the Exa API.