Clardy v. Callicoate
Texas Supreme Court
Appeal from Caldwell. Tried below before Thomas H. Harwood, Esq., as special judge selected by the parties, the presiding judge being disqualified from sitting in the case. . This was a suit by the appellants, John E. Olardy and John Gr.
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Appeal from Caldwell. Tried below before Thomas H. Harwood, Esq., as special judge selected by the parties, the presiding judge being disqualified from sitting in the case. . This was a suit by the appellants, John E. Olardy and John Gr. Blanks, against the appellee, J. B. Oallicoate, on a promissory note for $997.82, and to foreclose a mortgage given to them by the defendant, to secure its payment, on all of the groceries and provisions which he had in his store, as a grocer and dealer in provisions, and on all his notes, accounts and books, made and obtained by virtue of his said grocery…
1Opinion of the CourtRoberts, J.
The questions which it will be necessary to notice, arise upon the bill of exceptions.
An objection was filed, to a part of the answer of the defendant, as irrelevant, and not responsive to the questions asked him. The court declined to decide the question, raised by the objection, because it had been made at a previous term of the court. From that fact, the court held it proper to presume, that the motion containing the objection, had been either determined, or waived. There has been no statute, or rule of practice cited, which authorizes such ruling, nor are we aware of any such.
A rigid…
2Cited by8 opinions
- Harris v. FinbergTexas Supreme Court · 1876
- Commonwealth of Mass. v. DavisCourt of Appeals of Texas · 1942
- Kauffman & Runge v. BabcockTexas Supreme Court · 1887
- Missouri, K. & T. Ry. Co. v. GilcreaseCourt of Appeals of Texas · 1916
- Turner v. StrangeTexas Supreme Court · 1882
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