Miller, Billups & Co. v. Morris, Ragsdale & Simpson
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. Peyton F. Edwards. Suit was brought by the appellants against the appellees, to recover from them the alleged value of houses and machinery at Nechesville, Texas, known as the Miller, Billups & Co. gin factory and mill, situated on the town lots of the appellants, in the town of Nechesville. Appellants averred in their petition, that, as surviving partners of Messrs.
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Appeal from Anderson. Tried below before the Hon. Peyton F. Edwards. Suit was brought by the appellants against the appellees, to recover from them the alleged value of houses and machinery at Nechesville, Texas, known as the Miller, Billups & Co. gin factory and mill, situated on the town lots of the appellants, in the town of Nechesville. Appellants averred in their petition, that, as surviving partners of Messrs. Miller, Billups & Co., they did on the 12th day of April, 1878, enter into a written contract with the appellees to lease them the property, in words and characters as follows:…
1Opinion of the Court
Bonner, Associate Justice.
Appellants pretermit in their brief the second and fifth assigned errors.
*418I. The first alleged error relates to the refusal of the court below to allow appellants time to prepare a supplemental petition and to withdraw their announcement of readiness for trial. Under the facts as stated in the bills of exception, it does not appear that appellants were in any way prejudiced by the refusal of the court to grant their requests, or that, under the circumstances, there was such abuse of the discretion of the court as should demand a reversal of the judgment on that ground.
2Cases cited7 opinions
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Howeth v. AndersonTexas Supreme Court · 1860
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- Wainscott v. SilversIndiana Supreme Court · 1859
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