Legal Opinion

Davis v. Calhoun

Texas Supreme Court

Decided July 1, 1874PublishedCited by 4 opinions

Error from Anderson. Tried below before the Hon. John GL Scott. Jesse Calhoun brought suit for the recovery of specific property, to wit, mill, engine, boiler, &e., purchased by Calhoun at sheriff’s sale on judgment and execution against Davis, and valued at $1,000. Petition was filed July 1, 1872, and at the same time a writ of sequestration was obtained sequestering the property, and plaintiff asked judgment for damages and costs.

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Error from Anderson. Tried below before the Hon. John GL Scott. Jesse Calhoun brought suit for the recovery of specific property, to wit, mill, engine, boiler, &e., purchased by Calhoun at sheriff’s sale on judgment and execution against Davis, and valued at $1,000. Petition was filed July 1, 1872, and at the same time a writ of sequestration was obtained sequestering the property, and plaintiff asked judgment for damages and costs. The property was replevied by Davis with securities on replevin bond. The charge of the court to the jury was in substance that if the evidence shows plaintiff…

1Opinion of the Court

Gould, Associate Justice.

In the absence of a bill of exceptions, the overruling of an application for continuance will not be revised. (Campion v. Angier, 16 Tex., 93; Johnson v. Brown, 25 Tex. Supp., 126.) So, there being no statement of facts, the charge of the court, unless it appéar from the pleadings that it was necessarily erroneous, will furnish no ground for reversal. (Bast v. Alford, 22 Tex., 399; Fulgham v. Bendy, 22 Tex., 64.)

These rules, and the further rule that errors not assigned are considered to be waived, are sufficient to dispose of all the points presented in this case,…

2Cases cited2 opinions

  1. Campion v. AngierTexas Supreme Court · 1856
  2. Bast v. AlfordTexas Supreme Court · 1858

3Cited by4 opinions

  1. Johnson v. BlountTexas Supreme Court · 1877
  2. El Paso & Northeastern Railroad v. SawyerCourt of Appeals of Texas · 1909
  3. Trinity & Brazos Valley Ry. Co. v. LunsfordCourt of Appeals of Texas · 1913
  4. Fulton v. StateCourt of Appeals of Texas · 1883

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