Hankamer v. County Com'rs Court
Court of Appeals of Texas
Appeal from District Court, Chambers County; L. B. Hightower, Judge. Action by Ira A. Hankamer and others against the County Commissioners’ Court and others. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtReese, J.
[1] The trial court sustained a general demurrer and several special exceptions to the appellants’ petition, and, upon their refusal to amend, dismissed the cause. The ruling of the court in sustaining the general demurrer is assigned in the brief as “error apparent upon the face Of the record,” which should be considered by this court without assignment of errors in the lower court. It has been uniformly held that error in overruling a general demurrer is fundamental, and need not have been assigned in the trial court to authorize its consideration by the appellate court. We think it would…
2Cases cited6 opinions
- Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
- Western Union Telegraph Co. v. HudsonTexas Supreme Court · 1910
- Oar v. DavisTexas Supreme Court · 1912
- Bourgeois v. MillsTexas Supreme Court · 1883
- Bounds v. KirvenTexas Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Hill v. Taylor CountyCourt of Appeals of Texas · 1927
- Wilson v. Newton CountyCourt of Appeals of Texas · 1925
- McLennan County v. MillerCourt of Appeals of Texas · 1923
- Lawrence v. GordonCourt of Appeals of Texas · 1919
1 more not listed; retrieve them via the Exa API.