Legal Opinion · Dissent

Coles v. Kelsey

Texas Supreme Court

Decided December 15, 1847Published

All the important facts adjudicated in this cause being stated in the opinion of the court and the dissenting opinion, the reporters deem it unnecessary to give a farther statement of them here.

1DissentJustice Wheeler

It appears from the record that “the counsel for the plaintiff, and one of the counsel for the defendant, submitted said case without a written agreement so to do, on the plea of the statute of limitations, and the letter marked X,” etc. See record. This letter marked X is the letter referred to as containing the acknowledgment relied on to take the case out of the operation of the statute.

The case was thus first submitted to the court, a jury being waived, by the consent of parties, for the purpose of obtaining *559the judgment of the court upon the only subject of controversy between them — the…

2Cases cited14 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. United States v. PerchemanSupreme Court of the United States · 1833
  3. Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
  4. Harding v. WheatonSupreme Court of the United States · 1826
  5. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826

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