S. Shultz & Bro. v. Lempert
Texas Supreme Court
Appeal from Presidio. Tried below before S. P. Carpenter, special judge. The statement of the cause made by appellant being approved by counsel for appellee, and found ■ substantially correct, is in the main adopted.
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Appeal from Presidio. Tried below before S. P. Carpenter, special judge. The statement of the cause made by appellant being approved by counsel for appellee, and found ■ substantially correct, is in the main adopted. Suit brought by appellants to quiet their title and possession to and of two and one-half acres of a tract of one hundred and sixty acres granted to Francis Duke; and, if they could not obtain such relief, they then asked for judgment for the value of the permanent improvements made by them thereon in good faith. The suit was brought against Wm. S. Lempert and Mrs. Paula…
1Opinion of the Court
Gould, Associate Justice.
We have been embarrassed in this case because the record is confused, leaving it somewhat uncertain what attitude the case occupies. After suit brought, and answer and cross-bill filed, there was an agreement under the statute to arbitrate, re? serving, however, a right of appeal. An examination of the statute makes it plain that by this right of appeal is meant a right, on making written and timely application therefor, and having the opposite party served with citation, to have the cause “stand for trial de novo, as in ordinary cases.” R. S., arts. 51, 52.
Trial de…
2Cases cited2 opinions
- Forshey v. G. H. & H. RailroadTexas Supreme Court · 1856
- Payne v. MetzTexas Supreme Court · 1855
3Cited by33 opinions
- Lone Star Gas Co. v. StateTexas Supreme Court · 1941
- Rossetti v. BenavidesCourt of Appeals of Texas · 1917
- Hess v. DeanTexas Supreme Court · 1886
- Smith v. BarnettCourt of Appeals of Texas · 1963
- Temple v. Riverland Co.Court of Appeals of Texas · 1921
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