Clark v. Pecos County State Bank

WALTHALL, Justice.

Defendant in error has filed' in this court a motion to strike plaintiff in error’s brief, and assigns as a reason therefor specific objections to plaintiff in error’s statement of the nature and result of the suit as appears in his brief.

There is no statement of facts brought up in the record, and while some of plaintiff in error’s statements are made as facts as appearing on the trial may not be considered, in the absence of a statement of facts, the court having instructed a verdict, and by eliminating from the proposition facts stated thereon that may not be considered,…