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Capps v. Johnson

Court of Civil Appeals of Texas, El Paso
Mar 4, 1915
174 S.W. 294 (Tex. Civ. App. 1915)

Opinion

No. 393.

February 11, 1915. Rehearing Denied March 4, 1915.

Appeal from Reeves County Court; Ben Palmer, Special Judge.

Action by B. F. Capps against F. W. Johnson. Judgment for defendant, and plaintiff appeals. Affirmed.

Clay Cooke, of Pecos, for appellant. Buck Starley, of Pecos, for appellee.


Capps sued Johnson to recover a balance of $450 alleged to be due for drilling a well. Judgment was rendered in Johnson's favor. This is the second appeal of this case; former opinion appearing in 160 S.W. 1097.

Certain assignments complain of the court's general charge and the refusal of a special instruction. There is no bill of exception in the record showing compliance with chapter 59, Act of 1913, p. 113, for which reason the assignments are overruled. Railway Co. v. Wadsack, 166 S.W. 42; Insurance Co. v. Rhoderick, 164 S.W. 1067; Heath v. Huffhines, 168 S.W. 974. Objection, upon trial, was made to certain testimony of Johnson, and its admission is here assigned as error.

The evidence probably falls within and was admissible under the rule laid down in McKelvey on Evidence (India Paper Edition) p. 220, § 132. In any event, its admission is not regarded as reversible error. Court of Civil Appeals rule 62a (149 S.W. x).

Affirmed.


Summaries of

Capps v. Johnson

Court of Civil Appeals of Texas, El Paso
Mar 4, 1915
174 S.W. 294 (Tex. Civ. App. 1915)
Case details for

Capps v. Johnson

Case Details

Full title:CAPPS v. JOHNSON

Court:Court of Civil Appeals of Texas, El Paso

Date published: Mar 4, 1915

Citations

174 S.W. 294 (Tex. Civ. App. 1915)

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