Legal Opinion

Terry v. Witherspoon

Court of Appeals of Texas

Decided February 22, 1922No. 1910Published

Error from District Court, Deaf -Smith County; Reese Tatum, Judge. Action by Yern Witherspoon against W. H. Terry and others. Judgment for the plaintiff, and defendants bring error.

1Opinion

On Motion for Rehearing.

[2] By rather a pointed motion, defendant in error asserts that we have entirely misconstrued the record, have failed to comprehend the issues, and have decided the case upon a theory foreign to that presented by the briefs of either party; that we have held that certain issues should have been submitted to the jury when plaintiffs in error asked for no such admission and have no assignments in this court to that effect. All the pith of these contentions is removed by the admission in argument by Mr. Knight, counsel for defendant in error, that he did not know that the…

2Cases cited20 opinions

  1. Decker v. KirlicksTexas Supreme Court · 1919
  2. City of San Antonio v. TalericoTexas Supreme Court · 1904
  3. Wilson v. JohnsonTexas Supreme Court · 1900
  4. Walker v. HaleyTexas Supreme Court · 1919
  5. Hovey v. SandersCourt of Appeals of Texas · 1915

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