Legal Opinion

Coons v. Lain

Court of Appeals of Texas

Decided July 4, 1914No. 583PublishedCited by 29 opinions

Appeal from District Court, Wilbarger County; J. A. Nabers, Judge. Action by Walter Lain against Chas. E. Coons. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtHuff, C. J.

[1,2] The appellee objects to the consideration of appellant’s brief on the ground that the assignments of error as presented to the trial court, in the motion for new trial, are not copied in the brief of appellant. The assignments in the brief do not purport to be the same as those set up in the motion for new trial, and upon examination we find that they are not the same; that is, they are what appellant calls condensed assignments in most instances. Un der rules 23 and 29 (142 S. W. xii) we think the assignments should be considered waived by appellant. Ruth v. Cobe, 165 S. W. 530;…

2Cases cited14 opinions

  1. Kelley v. WardTexas Supreme Court · 1901
  2. Pittman v. Bloch Queensware Co.Court of Appeals of Texas · 1908
  3. Sears v. SearsTexas Supreme Court · 1876
  4. Overton v. Colored Knights of PythiasCourt of Appeals of Texas · 1914
  5. O'Brien v. HilburnTexas Supreme Court · 1858

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Texas Employers' Ins. Ass'n v. DowningCourt of Appeals of Texas · 1919
  2. Watson v. PatrickCourt of Appeals of Texas · 1915
  3. Citizens' Nat. Bank of Abilene v. OverstreetCourt of Appeals of Texas · 1934
  4. Morris v. McSpaddenCourt of Appeals of Texas · 1915
  5. Sellers v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1918

24 more not listed; retrieve them via the Exa API.

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