Dallas, Pacific & Southeastern Railway Co. v. Day
Court of Appeals of Texas
Appeal from the County Court of Denton. Tried below before Hon. F. M. Davidson. Defendants’ admission of plaintiff’s cause of action and motion thereon, referred to in the opinion, was as follows: “Now come the defendants, E. S. Day et al., and move the court for permission to open and conclude this cause; and in support thereof they say, that the plaintiff is authorized to construct its line of railway through Denton County, State of Texas, and that there is a necessity for…
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Appeal from the County Court of Denton. Tried below before Hon. F. M. Davidson. Defendants’ admission of plaintiff’s cause of action and motion thereon, referred to in the opinion, was as follows: “Now come the defendants, E. S. Day et al., and move the court for permission to open and conclude this cause; and in support thereof they say, that the plaintiff is authorized to construct its line of railway through Denton County, State of Texas, and that there is a necessity for the taking and appropriation of the land of defendants described in plaintiff’s petition for condemnation for the…
1Opinion of the Court
HEAD, Associate Justice.
The court below did not err in overruling plaintiff’s exceptions to the report of the commissioners. It seems-that Gf. W. Raines, W. H. Wellborn, and Z. J. Harmonson were the commissioners first appointed by the county judge to assess the damage in the condemnation proceedings, and they were duly sworn as such; but it is also made to appear from the undisputed evidence in the record that Well-born declined to serve, and the county judge appointed Gibbs in his place, who, with the other two commissioners first appointed, sat at the hearing and made the report. It also…
2Cases cited5 opinions
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Pacific Express Co. v. DunnTexas Supreme Court · 1891
- Burditt v. HowthTexas Supreme Court · 1876
- Carlton v. MillerCourt of Appeals of Texas · 1893
- Thompson v. GriffinTexas Supreme Court · 1887
3Cited by8 opinions
- Fitzgerald v. City of DallasCourt of Appeals of Texas · 1930
- Kennedy v. City of DallasCourt of Appeals of Texas · 1947
- Houston Independent School Dist. v. ReaderCourt of Appeals of Texas · 1931
- Crawford v. Frio CountyCourt of Appeals of Texas · 1913
- Lower Colorado River Authority v. HughesCourt of Appeals of Texas · 1938
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