Legal Opinion

Davis v. Morris

Court of Appeals of Texas

Decided October 31, 1908PublishedCited by 2 opinions

Appeal from the County Court of Briscoe County. Tried below before Hon. Jno. B. Renfro.

1Opinion of the Court

CONNER, Chief Justice.

— This suit was instituted by appellees in a Justice’s Court of Briscoe County, where, without written pleadings of either party, they recovered a judgment against appellant, from which he duly appealed to the County Court,, a like judgment against him being there rendered.

In the County Court appellant sought to present a written plea containing the general denial and certain facts urged as an estoppel. This the court refused to permit, and also further refused to permit appellant to so plead orally, and for want of pleadings on his part peremptorily instructed the jury…

2Cases cited3 opinions

  1. S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
  2. Taylor v. CriswellCourt of Appeals of Texas · 1893
  3. Primm v. Mensing Bros. Co.Court of Appeals of Texas · 1896

3Cited by2 opinions

  1. Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915
  2. Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915

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