Byrne v. Texas Lumber & Loan Co.
Court of Appeals of Texas
Error from District Court, McLennan County; E. J. Clark, Judge. Action by the Texas Lumber & Loan Company against G. H. Byrne and wife. There was a judgment for plaintiff, and defendants bring error.
1Opinion of the CourtWillson, C. J.
[1,2] The assignments are predicated upon the action of the trial court in peremptorily charging the jury to find in favor of defendant in error against plaintiffs in error, who were the defendants in that court. As it does not appear from anything in the record we are authorized to consider that plaintiffs in error presented to said court the objection they urge to the charge, before same was read to the jury, they are in the attitude of having waived the objection and are not entitled to have their assignments considered here. Article 1971, Vernon’s Statutes; Railway Co. v. Wadsack, 166 S.…
2Cases cited22 opinions
- St. Louis Southwestern Ry. Co. of Texas v. WadsackCourt of Appeals of Texas · 1914
- Heath v. HuffhinesCourt of Appeals of Texas · 1914
- Stephenville, N. & S. T. Ry. Co. v. WheatCourt of Appeals of Texas · 1914
- Unknown Heirs of Criswell v. RobbinsCourt of Appeals of Texas · 1912
- Rishworth v. MossCourt of Appeals of Texas · 1916
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3Cited by4 opinions
- Foster v. BourgeoisCourt of Appeals of Texas · 1923
- Allen v. BerkmierCourt of Appeals of Texas · 1919
- Kirlicks v. Texas Co.Court of Appeals of Texas · 1918
- Allen v. BerkmierCourt of Appeals of Texas · 1919