Gestean v. Bishop
Court of Appeals of Texas
Error from District Court, El Paso County; M. Nagle, Judge. Action by Clark Bishop and others against Anna Gestean and others. Motion by defendants, plaintiffs in error, to certify the cause to the Supreme Court upon the dissent of Chief Justice Harper (181 S. W. 480) from the majority opinion (180 S. W. 302) of the Court of Civil Appeals.
1Opinion of the CourtHiggins, J.
[1, 2] Plaintiffs in error have filed a motion to certify, based upon the dissent of Chief Justice Harper from the conclusion reached by the majority, as stated in his dissenting opinion herein. It is thus material to determine whether Judge Harper is-in disagreement with the majority upon any question of law material to the decision.
Plaintiffs in error, by their assignments of error, question the correctness of those portions of, the court’s general charge which read:
“You are instructed that the issues of fact for you to determine, under defendant’s plea of the statute of limitation of ten…
2Cases cited9 opinions
- International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
- Poindexter v. Receivers of the Kirby Lumber Co.Texas Supreme Court · 1908
- Alamo Dressed Beef Company v. YearganCourt of Appeals of Texas · 1909
- Missouri, K. & T. Ry. Co. of Texas v. MaplesCourt of Appeals of Texas · 1913
- Alamo Oil & Refining Co. v. CurvierCourt of Appeals of Texas · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schelb v. SparenbergCourt of Appeals of Texas · 1937
- St. Louis S.W. Ry. Co. of Texas v. BishopCourt of Appeals of Texas · 1927
- Texas & P. Ry. Co. v. WilliamsCourt of Appeals of Texas · 1917
- Gulf, C. & S. F. Ry. Co. v. CrowCourt of Appeals of Texas · 1920
- Schelb v. SparenbergCourt of Appeals of Texas · 1937
1 more not listed; retrieve them via the Exa API.