Harvey v. Carroll
Texas Supreme Court
Error from Navarro. Tried below before Hon. L. D. Bradley. The facts of the case appear in the opinion. The defendants in error submitted with the record a motion to strike from the record a “ substituted bill of exceptions,” for the reason, apparent in the record, that neither the defendants nor their attorneys had notice of the motion in the court below to substitute the lost bill of exceptions.
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Error from Navarro. Tried below before Hon. L. D. Bradley. The facts of the case appear in the opinion. The defendants in error submitted with the record a motion to strike from the record a “ substituted bill of exceptions,” for the reason, apparent in the record, that neither the defendants nor their attorneys had notice of the motion in the court below to substitute the lost bill of exceptions. The assignments of error were sufficient, without the bill of exceptions, to require action upon the matters discussed in the opinion.
1Opinion of the Court
Walker, Associate Justice.
The substituted bill of exceptions can not be considered. It was supplied without notice to the adverse party or their attorney.
The third, fourth, fifth, and sixth assignments of error, however, can be entertained, and they require the court to pass upon the matters raised by them.
The facts out of which the litigation arises are here given. In 1833 Edward Patterson and his wife, Nancy, were married in Alabama. They lived there together until 1835, when Edward Patterson emigrated to Texas, reaching his destination December, 1835. February 1, 1838, a certificate for a…
2Cases cited2 opinions
- Harvey v. CummingsTexas Supreme Court · 1887
- Barker v. SwensonTexas Supreme Court · 1886
3Cited by5 opinions
- Waterman v. CharltonTexas Supreme Court · 1909
- Tanton v. TantonCourt of Appeals of Texas · 1919
- Richardson v. Temple Lumber Co.Court of Appeals of Texas · 1932
- Harvey v. CarrollCourt of Appeals of Texas · 1893
- Hawkins v. Western Nat. Bank of HerefordCourt of Appeals of Texas · 1912