Schneider & Davis v. Stephens
Texas Supreme Court
Appeal from Comanche. Tried below before the Hon. J. R. Fleming. Schneider & Davis brought suit in the county court of Dallas county against Stephens & Johnson, a mercantile firm doing business in Comanche, on a note for $989, payable at Dallas, and at the same time sued out a writ of attachment, which was levied upon a stock of merchandise then in the possession of appellee, but which had formerly belonged to the firm of Stephens & Johnson.
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Appeal from Comanche. Tried below before the Hon. J. R. Fleming. Schneider & Davis brought suit in the county court of Dallas county against Stephens & Johnson, a mercantile firm doing business in Comanche, on a note for $989, payable at Dallas, and at the same time sued out a writ of attachment, which was levied upon a stock of merchandise then in the possession of appellee, but which had formerly belonged to the firm of Stephens & Johnson. Appellee made oath and gave bond for the trial of the right to the property under the statute, which were returned to and filed in the district court of…
1Opinion of the Court
Watts, J. Com. App.
It is insisted by appellee that the statement of facts copied into the record ought not to be considered as such, for the reason that it is certified to by the presiding judge as an agreed statement, when in fact it is only signed by counsel for appellants ; and also for the reasons stated in the certificate or statement filed by the judge, subsequent to the adjournment of the term at which the cause was tried, notwithstanding it is certified as an agreed statement when in fact it is signed by but one party, the presumption will be indulged that it was properly certified by…
2Cases cited3 opinions
- McManus v. WallisTexas Supreme Court · 1880
- Able v. SparksTexas Supreme Court · 1851
- Todd v. DysartTexas Supreme Court · 1859
3Cited by5 opinions
- Brown v. State.Court of Criminal Appeals of Texas · 1909
- Bruce v. First National BankCourt of Appeals of Texas · 1901
- Thurman v. First State Bank of CarbonCourt of Appeals of Texas · 1927
- Guerrero v. StateCourt of Criminal Appeals of Texas · 1899
- Thurman v. First State Bank of CarbonCourt of Appeals of Texas · 1927