Rio Grande Railroad v. City of Brownsville

Moore, Associate Justice.

The importance of the questions involved in this case would have well justified a more thorough and careful preparation of the record than it seems to have received. The judgment entry recites that the motion to dissolve the injunction was submitted to the court on affidavits, and that the case on its final hearing was decided by the court — a jury having been waived — “on the petition, answers, affidavits, and evidence offered” by the parties. Tet neither the affidavits nor the matters deposed to in them are incorporated into or made part of the statement of facts.…