Western Union Telegraph Co. v. Mitchell
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for Third District, in an appeal from Hays County. ■ The application was made to bring up a judgment of the Court of Civil Appeals reversing and remanding the case, on the ground that the ruling conflicted with those in the Fourth District on the same point. The conflict was held sufficient to give jurisdiction, but the ruling in this case being approved the writ was refused.
1Opinion of the Court
BROWN, Associate Justice.
The Court of Civil Appeals for the Third District reversed the judgment of the District Court in this case- and remanded the cause for a new trial. It was objected in the Court of Civil Appeals, that that court could not consider the eighth assignment of error as presented by the appellant, because the error complained of was not specified in the motion for new trial filed in the District Court. The assignment questioned the correctness of the qualification by the-district judge of a charge asked by the plaintiff and given by the court. The "Court of Civil Appeals for…
2Cases cited3 opinions
- Clark Loftus v. PearceTexas Supreme Court · 1891
- Allen v. StephanusTexas Supreme Court · 1857
- King v. GrayTexas Supreme Court · 1856
3Cited by41 opinions
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
- Missouri, Kansas & Texas Railway Co. v. BeasleyTexas Supreme Court · 1913
- American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.Court of Appeals of Texas · 1913
- Knox v. BrownTexas Commission of Appeals · 1925
- McLemore v. BickerstaffCourt of Appeals of Texas · 1915
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