Legal Opinion

Hess v. Dean

Texas Supreme Court

Decided November 9, 1886No. Case No. 2059PublishedCited by 21 opinions

Appeal from Camp. Tried below before the Hon. Geo. T. Vaughn, Special Judge. Suit for the possession and trespass to try title to a store house and lot, in the town of Pittsburg, Camp county, Texas, by appellees against appellant and one J. H. Biles. A writ of sequestration was applied for, issued and levied upon the property. The defendants failing to replevy, appellees executed their replevy bond, approved and filed November 4, 1883, and took possession of the property.

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Appeal from Camp. Tried below before the Hon. Geo. T. Vaughn, Special Judge. Suit for the possession and trespass to try title to a store house and lot, in the town of Pittsburg, Camp county, Texas, by appellees against appellant and one J. H. Biles. A writ of sequestration was applied for, issued and levied upon the property. The defendants failing to replevy, appellees executed their replevy bond, approved and filed November 4, 1883, and took possession of the property. May 6,1884, defendants in the court below filed their second amended original answer, pleading general demurrer, not…

1Opinion of the Court

Willie, Chief Justice.

The caption of the transcript shows that this case was tried before the Hon. Geo. T. Vaughn, as special judge. The judgment also recites that the district judge was disqualified, and that the special j udge was appointed by the governor to try the cause. We think that where the record shows these facts, and the parties have submitted to the jurisdiction of the special judge, and have assigned *666no error here that questions it, we may presume that the appointment was regular, and take jurisdiction of the cause.

In Schultz v. Lempert, 55 Tex., 273, where the record was silent…

2Cases cited7 opinions

  1. S. Shultz & Bro. v. LempertTexas Supreme Court · 1881
  2. Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
  3. Brinkley v. HarkinsTexas Supreme Court · 1877
  4. Bush v. ShermanIllinois Supreme Court · 1875
  5. Hoffman v. HarringtonMichigan Supreme Court · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wylie v. HaysTexas Supreme Court · 1924
  2. Farmers' Life Ins. Co. v. WoltersTexas Commission of Appeals · 1928
  3. McConnell v. DaySupreme Court of Arkansas · 1896
  4. Natalia v. WitthausTexas Supreme Court · 1940
  5. Walker v. TaylorCourt of Appeals of Texas · 1911

16 more not listed; retrieve them via the Exa API.

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