Tait v. Matthews
Texas Supreme Court
Error from Colorado. Tried below before the Hon. I. B.' McFarland.- In 1860, the Buffalo Bayou, Brazos and Colorado Railroad Company surveyed the track of their road across the land of Matthews, the defendant in error. The parties failing to agree on the compensation to be paid Matthews by the company, the latter called for a commission of citizens, as - provided by law, to assess the amount.
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Error from Colorado. Tried below before the Hon. I. B.' McFarland.- In 1860, the Buffalo Bayou, Brazos and Colorado Railroad Company surveyed the track of their road across the land of Matthews, the defendant in error. The parties failing to agree on the compensation to be paid Matthews by the company, the latter called for a commission of citizens, as - provided by law, to assess the amount. They fixed it at $700 ; but the company, being dissatisfied with this award, took an appeal to the district court, in accordance with the statute, giving C. W. Tait, the plaintiff in error, as surety…
1Opinion of the CourtWalker, J.
Any errors which might have been committed by the court prior to the rendition of a judgment by the consent of the parties are waived, and will not now be noticed by this court. The principles involved in most of the exceptions have been settled by *113ibis court in the case of Buffalo Bayou, Brazos and Colorado Bail-road Company v. Gfeorge A. Ferris, 26 Texas, 588.
The judgment of the district court is affirmed with damages. .
Affirmed. •
2Cases cited1 opinion
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
3Cited by6 opinions
- Alexander v. AlexanderCourt of Appeals of Texas · 1963
- Posey v. Plains Pipe Line Co.Court of Appeals of Texas · 1931
- Duke v. GilbreathCourt of Appeals of Texas · 1928
- Ashorn v. Farmers Royalty Holding Co.Court of Appeals of Texas · 1941
- Pope v. PowersCourt of Appeals of Texas · 1936
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