Cobb v. Payne
Court of Appeals of Texas
Appeal from Milam County Court; W. G. Gillis, Judge. Action by Mrs. Era Cobb and husband against Walker D. Hines, Director General of Railroads, in which John Barton Payne, Agent, was substituted as party defendant. From a judgment dismissing the suit, plaintiffs appeal.
1Opinion
On Rehearing.
[1] We decided this case originally upon the theory that the trial court disposed of the case strictly as a matter of law, upon the face of the pleadings alone and upon the exceptions of appellee, which raised the question of limitation. The form of the judgment and the manner in which the question was presented in the respective briefs indicated that such was the case. But a closer inspection of the record discloses that the court heard evidence, and it must be presumed that the evidence was considered in rendering the judgment of dismissal.
In the amended motion for a new trial,…
2Cases cited8 opinions
- Connell v. NickeyCourt of Appeals of Texas · 1914
- Hines v. SparksCourt of Appeals of Texas · 1912
- Muir v. Louisville & N. R.District Court, W.D. Kentucky · 1918
- Ellerd v. RandolphCourt of Appeals of Texas · 1911
- Wood v. Clyde S. S. Co.District Court, S.D. Florida · 1919
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