Becker v. Sitterly

Z. S. Westbrook, County Judge.

The judgment from which the appeal in this case was taken was rendered in justice’s court in favor of the defendant upon the verdict of a jury. There was a disputed question of fact submitted to the jury upon conñicting evidence, and their verdict would be conclusive were the proceedings by which that verdict was obtained regular and valid.

*39There are two points raised by the appellant which, I think, are fatal to the judgment and, therefore, it is not necessary to examine any other questions in the case.

The return shows that after the issue had been joined in the…