Pfeuffer v. Maltby
Texas Supreme Court
Ebbob from Nueces. Tried below before the Hon. T. 0. Barden. Suit by the appellant against the appellee, instituted January 15, 1866, for his partnership interest in the proceeds of their copartnership business as manufacturers of tinware, and also for the value of a buggy and harness sold by the plaintiff to the defendant, of the value of $50, on separate individual accomit.
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Ebbob from Nueces. Tried below before the Hon. T. 0. Barden. Suit by the appellant against the appellee, instituted January 15, 1866, for his partnership interest in the proceeds of their copartnership business as manufacturers of tinware, and also for the value of a buggy and harness sold by the plaintiff to the defendant, of the value of $50, on separate individual accomit. The plaintiff alleged that the partnership was entered into in the year 1863, stating the terms thereof; and in an amended petition attached a bill of particulars of items in support of his cause of action, and also…
1Opinion of the Court
Walker, Commissioner.
Notwithstanding the incompleteness of the record in this case, for the want of a statement of facts or bill of exceptions, the errors complained of are such as will authorize then revision. As a general rule, it is well settled that the supreme court will not revise the charge of the court below where there is no statement of facts. Birge v. Wanhop, 23 Tex., 441; Fulgham v. Bendy, 23 Tex., 65; 4 Tex., 235; 20 Tex., 7; 11 Tex., 649. In Fulgham v. Bendy, it was said that it will seldom happen that a case can be presented in which errors in the charge can be revised, without…
2Cases cited17 opinions
- Texas v. WhiteSupreme Court of the United States · 1869
- Brooks v. MartinSupreme Court of the United States · 1864
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Hanauer v. DoaneSupreme Court of the United States · 1871
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3Cited by26 opinions
- Lewis v. DavisTexas Supreme Court · 1947
- Southern Casualty Co. v. MorganTexas Commission of Appeals · 1929
- Wegner Bros. v. E. J. Biering & Co.Texas Supreme Court · 1886
- Wiggins v. BissoTexas Supreme Court · 1898
- Searcy v. GrantTexas Supreme Court · 1896
21 more not listed; retrieve them via the Exa API.