Legal Opinion

Bomar v. West

Texas Supreme Court

Decided November 17, 1894No. 206PublishedCited by 37 opinions

Eeros to Court of Civil Appeals for Second District, in an appeal from District Court of Clay County. The facts are given in the opinion.

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Eeros to Court of Civil Appeals for Second District, in an appeal from District Court of Clay County. The facts are given in the opinion. The substantial matters complained of in the petition for writ of error are": “1. The court erred in striking out the statement of facts herein and refusing to consider the same, for the reason that there was an agreed statement of facts filed in the lower court before the trial of said cause in the lower court, and was part of the record at and prior to the time of the trial in the lower court; and it appears from the judgment rendered in the lower court…

1Opinion of the Court

GATEES, Chibe Justice.

In this cause the Court of Civil Appeals granted a motion on part of appellees (the defendants in error in this court) to strike out the statement of facts, and finding no assignment of error which could be considered in the absence of such a statement, affirmed the judgment.

The correctness of the court’s action in striking out the.statement of facts presents the first question for our determination. Before the trial of the case in the District Court an agreement signed by the attorneys for the plaintiff and for the defendants, who had answered respectively, as to the…

2Cases cited1 opinion

  1. State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893

3Cited by37 opinions

  1. Cobb v. HarringtonTexas Supreme Court · 1945
  2. Smirl v. Globe Laboratories, Inc.Texas Supreme Court · 1945
  3. Harlington Land & Water Co. v. Houston Motor Car Co.Texas Commission of Appeals · 1919
  4. Perry v. AETNA LIFE INSURANCE COMPANY OF CONNCourt of Appeals of Texas · 1964
  5. Wilson v. ArmstrongCourt of Appeals of Texas · 1921

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