Legal Opinion

Hooker v. Williamson

Texas Supreme Court

Decided December 14, 1883No. Case No. 1114PublishedCited by 28 opinions

Appeal from Panola. Tried below before the Hon. A. J. Booty. Suit brought by Hooker against Williamson to recover the amount awarded to him by arbitrators on a common law award. Williamson, bjr his answer, asserted various objections and reconvened, setting up all the matters of difference between them growing out of the purchase and running of a farm together as partners.

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Appeal from Panola. Tried below before the Hon. A. J. Booty. Suit brought by Hooker against Williamson to recover the amount awarded to him by arbitrators on a common law award. Williamson, bjr his answer, asserted various objections and reconvened, setting up all the matters of difference between them growing out of the purchase and running of a farm together as partners. Hooker, by supplemental petitions, after setting forth the agreement to arbitrate, and also the award, set up all the matters of diference growing out of the partnership. To this Williamson demurred generally and specially;…

1Opinion of the Court

Watts, J. Com. App.

It does not appear that appellant’s exceptions to appellee’s answer were ever called to the attention of the court, or that any action was had by the court with respect to the same. Then, under the settled rules of practice, these exceptions must be considered as waived.

The next objection to the judgment grows out of the ruling of the court sustaining exceptions to so much of the petition and amendments as set up the award as a basis for recovery.

The arbitrators appended to their award, and as part thereof, the following: “We agree to correct any error that may be…

2Cases cited1 opinion

  1. McCrary v. HarrisonSupreme Court of Alabama · 1860

3Cited by28 opinions

  1. Conrad v. JudsonCourt of Appeals of Texas · 1971
  2. Townes v. Lattimore Dist. JudgeTexas Supreme Court · 1925
  3. Mathis v. StateCourt of Criminal Appeals of Texas · 1899
  4. Peacock v. Wave Tec Pools, Inc., Texas Court of Appeals, 10th District (Waco)2003
  5. Carlton v. MillerCourt of Appeals of Texas · 1893

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