Hammond v. Tarver
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for Fourth District in an appeal from Webb County. The application for writ of error contained a detailed statement of the pleadings, the ruling of the court sustaining exceptions to the answer, and the final judgment for the plaintiff. Following was set out the ■grounds urged hy the defendants for a rehearing in the Court of Civil Appeals, that court having affirmed the judgment of the trial court.
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Application for writ of error to the Court of Civil Appeals for Fourth District in an appeal from Webb County. The application for writ of error contained a detailed statement of the pleadings, the ruling of the court sustaining exceptions to the answer, and the final judgment for the plaintiff. Following was set out the ■grounds urged hy the defendants for a rehearing in the Court of Civil Appeals, that court having affirmed the judgment of the trial court. It was complained that the action of the Court of Civil Appeals upon the motion was erroneous. An elaborate argument with authorities…
1Opinion of the Court
The mode of assigning errors in the petition for a writ of error in this case is substanially the same as that adopted in the case of Hodo v. Railway, in which we have this day allowed the applicant ten days in which to amend his application in that particular. The purported assignments in this petition cannot, therefore, be considered.
We are of opinion, also, that the full statement of the case made in the opinion of the Court of Civil Appeals renders any additional preliminary statement in the petition unnecessary and improper. Amended Rule 1, of rules for this court, specifies distinctly…
2Cases cited10 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Gardner v. BrownSupreme Court of the United States · 1875
- Harris v. CornellIllinois Supreme Court · 1875
- Bard v. . PooleNew York Court of Appeals · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Security Trust Co. v. Lipscomb CountyTexas Supreme Court · 1944
- Hirsch v. StoneCourt of Appeals for the Fifth Circuit · 1932
- El Paso Townsite Co. v. WattsCourt of Appeals of Texas · 1921
- General Electric Co. v. La Grande Edison Electric Co.Court of Appeals for the Ninth Circuit · 1898
- Glenn v. ConnellCourt of Appeals of Texas · 1934
4 more not listed; retrieve them via the Exa API.