Legal Opinion

Southern Cotton Press & Manufacturing Co. v. Bradley

Texas Supreme Court

Decided February 17, 1880PublishedCited by 73 opinions

Appeal from Galveston. Tried below before the Hon. William H. Stewart. In this case, the counsel having failed to agree upon a statement of facts, the presiding judge certified to eighty-two pages of questions propounded to witnesses on the stand and their answers thereto, preserved by a stenographer, as the statement of facts.

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Appeal from Galveston. Tried below before the Hon. William H. Stewart. In this case, the counsel having failed to agree upon a statement of facts, the presiding judge certified to eighty-two pages of questions propounded to witnesses on the stand and their answers thereto, preserved by a stenographer, as the statement of facts. "When no fact could be certified to, sufficiently established by evidence, as required by rule 71, to obviate incorporating in the record such detail of proceedings, the embarrassment of reporting this case will be readily understood; for a like detail of proceedings…

1Opinion of the Court

Bonner, Associate Justice.

The first error assigned in this case is, that “ the court erred in overruling defendant’s exception to plaintiff’s petition.” Under this, appellant submits the two following propositions:

“ The petition should have set forth clearly the residence of defendant.
“ Plaintiff’s action being founded on the statute, the petition *597should either have, alleged that plaintiff'is the only person entitled to damages under the statute, or should have shown that the action was brought for the benefit of all who were entitled, and who they were.”

The defendant was a corporation, and,…

2Cases cited5 opinions

  1. Hyatt v. AdamsMichigan Supreme Court · 1867
  2. March v. WalkerTexas Supreme Court · 1877
  3. Houston & Texas Railway Co. v. OramTexas Supreme Court · 1878
  4. Smith v. SherwoodTexas Supreme Court · 1847
  5. Jackson v. SchmidtSupreme Court of Louisiana · 1859

3Cited by73 opinions

  1. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  2. Burk Royalty Co. v. WallsTexas Supreme Court · 1981
  3. Missouri Pacific Railway Co. v. ShufordTexas Supreme Court · 1888
  4. Bennett v. HowardTexas Supreme Court · 1943
  5. Great Atlantic & Pacific Tea Co. v. EvansTexas Supreme Court · 1943

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