Willis v. Gay
Texas Supreme Court
Appeal from Montgomery. Tried below before the Hon. James Masterson. May 4, 1872, Appelton Gay, administrator of Uri Brooks, brought suit, in the District Court of Montgomery county, against G. A. Matthews and H. N. Jones, for balance due on a promissory note made by them and L. W. Matthews, deceased, to Uri Brooks, for 200 acres of land conveyed to said G. A. Matthews by Brooks and wife.
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Appeal from Montgomery. Tried below before the Hon. James Masterson. May 4, 1872, Appelton Gay, administrator of Uri Brooks, brought suit, in the District Court of Montgomery county, against G. A. Matthews and H. N. Jones, for balance due on a promissory note made by them and L. W. Matthews, deceased, to Uri Brooks, for 200 acres of land conveyed to said G. A. Matthews by Brooks and wife. The note was made October 3, 1859, and was due January 1, 1861. The deed was executed October 3, and recorded October 4, 1859. By supplemental petition, filed March 26,1873, plaintiff alleged, that, as…
1Opinion of the Court
Roberts, Chief Justice.
There are forty-five grounds of error assigned in this case, presenting all the questions that arose upon the trial in the District Court. The record, contained in 214 pages, presents the case for adjudication, upon all of the matters involved in it, the same as it was presented in the court below. The effect of the appeal, under such circumstances, is simply to transfer the case from one court to the other for retrial upon all contested points, without any responsibility being assumed by counsel of selecting and presenting any particular questions of law or of fact for…
2Cases cited2 opinions
- Ellis v. SingletaryTexas Supreme Court · 1876
- Faver v. RobinsonTexas Supreme Court · 1876
3Cited by23 opinions
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- Griggs v. Houston Oil Co. of TexasTexas Commission of Appeals · 1919
- Holland v. BlanchardCourt of Appeals of Texas · 1924
- Robertson v. GuerinTexas Supreme Court · 1878
- Gaston & Thomas v. DashiellTexas Supreme Court · 1881
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