Booth v. Strippleman
Texas Supreme Court
Error from Colorado. Tried below before the Hon. Livingston Lindsay. ¡Nearly thirty years ago, on the 7th day of August, 1855, Booth instituted this suit against Strippleman, the then surveyor of the Colorado land district, to compel him to enter certain locations, to survey the land, and return the field notes to the general land office. Others who claimed under surrounding surveys were made defendants as claimants of the land sought to be appropriated by Booth.
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Error from Colorado. Tried below before the Hon. Livingston Lindsay. ¡Nearly thirty years ago, on the 7th day of August, 1855, Booth instituted this suit against Strippleman, the then surveyor of the Colorado land district, to compel him to enter certain locations, to survey the land, and return the field notes to the general land office. Others who claimed under surrounding surveys were made defendants as claimants of the land sought to be appropriated by Booth. A trial was had and judgment rendered against Booth, from which he appealed, and that judgment was reversed and the cause remanded.…
1Opinion of the Court
Watts, J. Com. App.—
From the indorsements on the transcript it appears to have been delivered to the attorney for plaintiff in error February 24, 1876; while the copy of the assignment of errors attached to, and by the agreement of the parties made part of, the transcript, shows that the original was filed February 25, 1876. The point made is, that as the assignment of errors was not filed until after the transcript had been completed and-delivered, it cannot be considered as such. The statute provides that the assignment of errors shall be filed with the clerk before the transcript of the…
2Cases cited2 opinions
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