Legal Opinion

Roundtree v. Gilroy

Texas Supreme Court

Decided May 9, 1882No. Case No. 4477PublishedCited by 19 opinions

Appeal from Llano. Tried below before the Hon. A. W. Moursand, special district judge, appointed by the governor, instead of Hon. A. W. Cooley, judge of 33d judicial district. Geo. Gilroy sued R. F. Roundtree, in the district court of Llano county, on the following writing, viz.: “ $433.33. Due G. Gilroy, on demand, four hundred and thirty-three dollars and thirty-three cents, for work building stone fence. This July 5, 1879. R. F. Roundtree.”

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Appeal from Llano. Tried below before the Hon. A. W. Moursand, special district judge, appointed by the governor, instead of Hon. A. W. Cooley, judge of 33d judicial district. Geo. Gilroy sued R. F. Roundtree, in the district court of Llano county, on the following writing, viz.: “ $433.33. Due G. Gilroy, on demand, four hundred and thirty-three dollars and thirty-three cents, for work building stone fence. This July 5, 1879. R. F. Roundtree.” Roundtree answered, 1. General demurrer to sufficiency of petition. 2. General denial. 3. That on the 1st day of May, 1877, appellee and appellant…

1Opinion of the Court

Stayton, Associate Justice.

This action was brought by the appellee against the appellant, to recover upon the following instrument in writing: “$433.33. Due G. Gilroy, on demand, four hundred and thirty-three dollars and thirty-three cents, for work building stone fence. This July 5, 1879. R. F. Roundtree.”

The presiding judge having been of counsel, that fact being certified to the governor, A. W. Moursand was appointed special judge to try the cause.

When the case was called for trial, the appellant objected to the trial of the cause by the special judge, upon the ground that he was at the…

2Cited by19 opinions

  1. Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
  2. Chalk v. DaggettTexas Commission of Appeals · 1924
  3. Freeman v. McElroyCourt of Appeals of Texas · 1912
  4. Rector v. HancockSupreme Court of Virginia · 1920
  5. Stavely v. StavelyCourt of Appeals of Texas · 1936

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