Fagan v. Fagan

3 Citing cases

  1. Smalling v. Smalling

    3 S.W.2d 840 (Tex. Civ. App. 1928)   Cited 1 times

    The record shows without dispute that the commissioners were furnished with an exact copy of the decree of the trial court appointing them commissioners and giving them directions with reference to how same should be partitioned, and the report they filed was in all things in compliance with said decree. As was well said in the case of Fagan v. Fagan, 56 Tex. Civ. App. 175, 120 S.W. 550, which was a partition suit: "In the absence of some showing by defendants that some injustice was suffered by them in the trial, or as the result of the judgment entered, this court will not reverse simply because of an abstract error committed by the trial court."

  2. EL PASO S.W. RY. v. GOFF THOMPSON

    146 S.W. 573 (Tex. Civ. App. 1912)   Cited 3 times

    As appellant does not complain of the amount of the verdict nor that the same is unjust, or in any way undertook in its brief to show that it was injured by the error as to the measure of damages, as complained of in its proposition, and it has been repeatedly held by the appellate courts of this state that in the absence of some showing by defendants that some injustice was suffered by them in the trial or as a result of the judgment entered, this court will not reverse simply because of an abstract error committed by the trial court. Fagan v. Fagan, 56 Tex. Civ. App. 175, 120 S.W. 550; Railway Co. v. Prude, 39 Tex. Civ. App. 144, 86 S.W. 1046. We therefore conclude that the judgment appealed from should be in all things affirmed, and it is accordingly so ordered.

  3. Bell v. Campbell

    143 S.W. 953 (Tex. Civ. App. 1912)   Cited 8 times
    Holding sureties bound by arbitration agreement and award against principal

    We are further of the opinion that, even if we are in error in the above conclusion, in view of the evidence, the error of the trial court in sustaining said exception, if said action should be so held, was harmless and without prejudice to these appellants, in view of the evidence of appellant A. L. West, to the effect that M. T. Bell was his partner, and that the copartnership were engaged in the lumber business, and that the said Bell had authority to sign his (West's) name to the bond, and of the other evidence with reference to the making of such bonds by said copartnership and as to the purpose and object in their making the bond in question. Fagan v. Fagan, 120 S.W. 550. Appellants, under their seventh assignment of error, complain of the action of the court in permitting appellees to open and conclude the argument on the ground that the written admission as to plaintiffs' cause of action was not made in behalf of all the defendants, and also that said admission only admitted the plaintiffs' cause of action and did not admit the case made by appellees' codefendant, Hardin.