Talbert v. Barbour
Court of Appeals of Texas
Error from Callahan. Tried below before Hon. T. H. Conner.
1Opinion of the Court
STEPHENS,
Associate Justice.—On account of defects in the citation in error, the defendants in error filed a motion at the proper time to dismiss the writ of error, hut at the same time made an unqualified appearance, by filing their brief in answer to the assignments of error.
The defects complained of would not warrant a dismissal of the writ of error, but would only have the effect of striking the case from the docket. Thompson v. Anderson, 82 Texas, 237. That such defects can he waived is well settled, and there seems to he authority for holding an unqualified filing of briefs to amount to…
2Cases cited11 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
- Jones v. ParkerTexas Supreme Court · 1886
- Seguin v. MaverickTexas Supreme Court · 1859
- Ricker, Lee & Co. v. CollinsTexas Supreme Court · 1891
- Thompson v. AndersonTexas Supreme Court · 1891
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3Cited by9 opinions
- First Dallas Petroleum, Inc. v. Hawkins, Texas Court of Appeals, 5th District (Dallas)1987
- Camden Fire Ins. v. HillTexas Commission of Appeals · 1925
- Rhoades v. El Paso & S. W. Ry. Co.Court of Appeals of Texas · 1921
- McPhaul v. ByrdCourt of Appeals of Texas · 1915
- Ragland v. ConeCourt of Appeals of Texas · 1938
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