Clarendon Land Investment Agency Co. v. McClelland Bros.
Texas Supreme Court
6. Conclusiveness of the Findings of Fact by Courts of Civil Appeals. It is prescribed that “ the judgments of the Courts of Civil Appeals shall be conclusive upon the facts of a case.” By this is meant that the decision of that tribunal upon questions of fact—that is to say, questions upon which there may be a conflict in the evidence—shall be final, and not the subject of review in this court .............................. 187 7. Same.
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6. Conclusiveness of the Findings of Fact by Courts of Civil Appeals. It is prescribed that “ the judgments of the Courts of Civil Appeals shall be conclusive upon the facts of a case.” By this is meant that the decision of that tribunal upon questions of fact—that is to say, questions upon which there may be a conflict in the evidence—shall be final, and not the subject of review in this court .............................. 187 7. Same. In accordance with the statute, Acts of 1892, page 22, this court adopted rule 5 (of Rules, etc.), directing that the transcript shall be transmitted to this…
1Opinion of the Court
GAINES, Associate Justice.
This suit was brought in the District Court of Donley County, by the defendants in error, to recover of plaintiff in error damages for an alleged trespass of the latter’s cattle upon the pasture of the former. It was claimed in the petition that the plaintiffs’ cattle had died by reason of a disease communicated to them by those of the defendant. There was a judgment for the plaintiffs, which, upon appeal by the defendant, was affirmed in the Court of Civil Appeals.
It was shown upon the trial, that the plaintiffs were the owners of a pasture embracing 2000 acres,…
2Cases cited1 opinion
- Davis v. DavisTexas Supreme Court · 1888
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