Legal Opinion

Edrington v. League

Texas Supreme Court

Decided December 15, 1846PublishedCited by 4 opinions

Error from Harris County. In this case none of the papers in the cause anterior to the award of the arbitrators are found in the transcript of the record. By an extract from the minutes of the court, it appears that the cause was referred on the 23d of May, 1842, and immediately after the award is found in the transcript and was made the judgment of the court.

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Error from Harris County. In this case none of the papers in the cause anterior to the award of the arbitrators are found in the transcript of the record. By an extract from the minutes of the court, it appears that the cause was referred on the 23d of May, 1842, and immediately after the award is found in the transcript and was made the judgment of the court. Upon the return of the clerk of the district court of Harris county, to a certiorari, directing him to send up a more perfect transcript, it appeared that the papers were missing, having been “ taken out by the attorney or attorneys of…

1Opinion of the CourtHempiulu, C. J.

' In this cause the record is extremely imperfect. Several papers are missing and in answer to a writ of certiorari the clerk of the district court more than twelve months since certified to *(45)that fact and that it was impossible to send up a complete transcript of the record; and further, that the said papers, as appears by the clerk’s memorandum, were taken out by the attorney or attorneys of the plaintiff in error.'

There being no probability of the records being made more full, we proceed to determine the cause on such portion of the papers and proceedings as are presented for our…

2Cited by4 opinions

  1. Johnson v. KornCourt of Appeals of Texas · 1938
  2. McHugh v. PeckTexas Supreme Court · 1867
  3. City of San Antonio v. Robert Thompson & Co.Court of Appeals of Texas · 1930
  4. Panhandle Grain & Elevator Co. v. DorseyCourt of Appeals of Texas · 1922

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