St. Louis, Arkansas & Texas Railway Co. v. Batsell
Texas Supreme Court
Application for Writ of Error to Court of Civil Appeals for Second District, in an appeal from Grayson County. In the District Court, Batsell sued to recover back money paid by him upon a subscription made for purpose of securing a railway, etc., to Sherman. The nature of the litigation is given in Darnell v. Lyon, 85 Texas, 456-458, in which the purpose and nature of the same contract are discussed. The demurrer of the defendant was sustained.
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Application for Writ of Error to Court of Civil Appeals for Second District, in an appeal from Grayson County. In the District Court, Batsell sued to recover back money paid by him upon a subscription made for purpose of securing a railway, etc., to Sherman. The nature of the litigation is given in Darnell v. Lyon, 85 Texas, 456-458, in which the purpose and nature of the same contract are discussed. The demurrer of the defendant was sustained. This action was reversed on appeal. The appellee made application for writ of error upon alleged grounds that the judgment of the Court of Civil…
1Opinion of the Court
STAYTON, Chief Justice.
C. W. Batsell brought an action against the St. Louis, Arkansas & Texas Railway Company in Texas, but on demurrer the action was dismissed.
From that judgment appeal was taken, and the Court of Civil Appeals reversed the judgment of the District Court and remanded the cause for trial on the facts.
Application for writ of error is now made, and the jurisdiction of this court is invoked, under the statute which provides that this court may grant writs of error if a Court of Civil Appeals reverses a judgment of a trial court and remands a cause “ when the judgment of the…
2Cited by8 opinions
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
- Kelly v. Southwestern Bell Telephone Co.Texas Commission of Appeals · 1923
- Davis v. Missouri Kansas & Texas Railway Co.Court of Appeals of Texas · 1897
- International & Great Northern Railway Co. v. DowningCourt of Appeals of Texas · 1897
- Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920
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