Todd v. St. Louis Southwestern Ry. Co. of Texas
Court of Appeals of Texas
Appeal from Special District Court, Bowie County; W. T. Armistead, Judge. Action by Chas. S. Todd and wife against the St. Louis Southwestern Railway Company of Texas. From a judgment for defendant, plaintiffs appeal. Lots 1, 2, and 3, in block 22, each fronts east 50 feet on State street in Texarkana, and extends west 140 feet to an allqy. Lot 1 is bounded on the north by Third street. Lot 2 adjoins lot 1 on the south, and lot 3 adjoins lot 2 on the south.
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Appeal from Special District Court, Bowie County; W. T. Armistead, Judge. Action by Chas. S. Todd and wife against the St. Louis Southwestern Railway Company of Texas. From a judgment for defendant, plaintiffs appeal. Lots 1, 2, and 3, in block 22, each fronts east 50 feet on State street in Texarkana, and extends west 140 feet to an allqy. Lot 1 is bounded on the north by Third street. Lot 2 adjoins lot 1 on the south, and lot 3 adjoins lot 2 on the south. In 1900 or 1901, one Hardin, who then owned lots 1 and 2, had same graded down to about the level of State and Third streets. In 1902,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] The trial was by the court without a jury. It is contended by appellants that the court’s conclusions of fact and law, reduced to writing and copied into the record, should not be considered, because it is not made to appear that he was requested by either of the parties to prepare and file such conclusions. It has been held, correct ly, we think, with reference to article 1989, Vernon’s Sayles’ Statutes, that:
“In the absence of a showing in the record that he was not requested to file such conclusions, the presumption will be indulged that the court…
2Cases cited8 opinions
- Ennis Mercantile Co. v. WathenTexas Supreme Court · 1900
- Searcy v. GrantTexas Supreme Court · 1896
- Riggins v. TrickeyCourt of Appeals of Texas · 1907
- San Antonio & Aransas Pass Railway Co. v. BowlesTexas Supreme Court · 1895
- Iowa Mfg. Co. v. WalcowiohCourt of Appeals of Texas · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Speights. v. SpeightsCourt of Appeals of Texas · 1915