Withee v. May
Texas Supreme Court
Appeal from Titus. The record in this ease showed what purported to he a statement of facts made out and signed by the presiding judge after the adjournment of the term at which the suit had been tried, and after the judge had commenced a term in another county.
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Appeal from Titus. The record in this ease showed what purported to he a statement of facts made out and signed by the presiding judge after the adjournment of the term at which the suit had been tried, and after the judge had commenced a term in another county. The circumstances were disclosed ■ by the judge as follows: “The counsel failing to agree upon a statement of; facts, and S. F. Moseley, esq., plaintiff’s attorney, being too sick to make out a statement, the foregoing statement is made out from a statement furnished, by J. C. Everett, esq., defendant’s attorney. Monday of Cass Court,…
1Opinion of the CourtLipscomb, J.
By reference to the statute, Hartley’s Dig-., art. 788, it will be seen that the statement of the facts is defective and wanting in the most essential requisites of the law. It was not signed by the judge during' the term. It ivas not by the statement furnished by both parties and from his own knowledge, but from the statement furnished by the defendant’s counsel, and after the adjournment of the term.
The judge did not seal it and order it to be filed in the records of the court as part thereof.
If the counsel coukl not agree, and one of them could not or would not furnish the judge a…
2Cited by4 opinions
- Drake v. StateCourt of Appeals of Texas · 1890
- Lacey v. AsheTexas Supreme Court · 1858
- Mayo v. GoldmanCourt of Appeals of Texas · 1906
- Trammell v. StateCourt of Appeals of Texas · 1876