Chambers v. Miller
Texas Supreme Court
Appeal from Bastrop. This was a suit by Miller and wife against Chambers to foreclose a mortgage for $1,000, the mortgage being- filed as an exhibit. The defendant filed an answer, alleging usury and partial failure of consideration. There was a demurrer filed to the answer of the defendant.
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Appeal from Bastrop. This was a suit by Miller and wife against Chambers to foreclose a mortgage for $1,000, the mortgage being- filed as an exhibit. The defendant filed an answer, alleging usury and partial failure of consideration. There was a demurrer filed to the answer of the defendant. At a subsequent day the following- proceedings wore had : “In this causo came (he parties, the plaintiffs by their attorney, James A. “Poage, and the defendant, Thomas J. Chambers, in his own proper person, “ and the parties having waived a jury, submitted the matter iii controversy to “ the court upon…
1Opinion of the CourtWiikeluh, J.
The ground relied on for a reversal of the judgment is the supposed error of the court in rendering judgment for the plaintiff without disposing of the demurrer.
Ño rule of practice is better settled by the repeated decisions of this court than that where the record is silent as to any action asked or taken upon the •demurrer it will be deemed to have been waived.
It was said in argument that the. court wats asked to pass upon the demurrer by (lie mol a >n for'a new'trial. If the application liad come from the party who had a. right to insist upon the. demurrer it was then too late. But it was…
2Cited by9 opinions
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Hales v. PetersCourt of Appeals of Texas · 1913
- Supreme Commandery Knights of Golden Rule v. RoseTexas Supreme Court · 1884
- City of Ft. Worth v. ReynoldsCourt of Appeals of Texas · 1916
- Baker v. StreaterCourt of Appeals of Texas · 1920
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