Parsons v. Hubbard
Court of Appeals of Texas
Appeal from District Court, Bowie County; H. E. O’Neal, Judge. Suit by James Hubbard against Mrs. Irene Parsons. Judgment for plaintiff, and defendant appeals. This was a suit by appellee as the owner of an undivided one-half thereof against appellant as the owner of the other undivided one-half thereof, to partition 97% acres of the L. M. Rice survey in Bowie county, in which judgment was renderéd for appellee.
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Appeal from District Court, Bowie County; H. E. O’Neal, Judge. Suit by James Hubbard against Mrs. Irene Parsons. Judgment for plaintiff, and defendant appeals. This was a suit by appellee as the owner of an undivided one-half thereof against appellant as the owner of the other undivided one-half thereof, to partition 97% acres of the L. M. Rice survey in Bowie county, in which judgment was renderéd for appellee. At the trial, before the court charged the jury, appellant in writing admitted in open court “the right,” quoting, “of plaintiff to recover on his pleadings and proof, unless the same…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] The two assignments first presented in appellant’s brief are that the court erred in his charge to the jury in particulars specified. The theory on which appellant insists that the assignments shoüld be considered notwithstanding she did not object to the charge at the time, and notwithstanding the statute, declaring that objections not then made “shall be considered as waived” (Vernon’s Statutes, art. 1971), is that the errors complained of were “apparent of record,” and therefore “fundamental.”, We have examined the eases cited in appellant’s brief…
2Cases cited2 opinions
- St. Louis Southwestern Ry. Co. of Texas v. WadsackCourt of Appeals of Texas · 1914
- Honea v. ArledgeCourt of Appeals of Texas · 1909
3Cited by10 opinions
- King v. RobertsTexas Supreme Court · 1935
- Indemnity Ins. Co. of North America v. SparraCourt of Appeals of Texas · 1932
- Sivalls Motor Co. v. ChastainCourt of Appeals of Texas · 1928
- Fleming v. CanterburyCourt of Appeals of Texas · 1923
- Fleming v. CanterburyCourt of Appeals of Texas · 1922
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