Terry v. Williamson

2 Citing cases

  1. Warren v. Houston Oil Co. of Texas

    296 S.W. 637 (Tex. Civ. App. 1927)   Cited 2 times

    The objection to appellant's brief is sustained. Austin v. Freestone County (Tex.Civ.App.) 288 S.W. 870 (writ refused); Robinson v. Cleveland State Bank (Tex.Civ.App.) 282 S.W. 860; Green v. Shamburger (Tex.Civ.App.) 243 S.W. 601; Southern Casualty Co. v. Vatter, 115 Tex. 148, 278 S.W. 177; Baker v. Hodges (Tex.Civ.App.) 231 S.W. 849; Western Union Telegraph Co. v. Brett (Tex.Civ.App.) 231 S.W. 449; Terry v. Williamson (Tex.Civ.App.) 251 S.W. 813; Lancaster v. Crosby (Tex.Civ.App.) 263 S.W. 646; McCord Co. v. Citizens' Hotel Co. (Tex.Civ.App.) 287 S.W. 906. This leaves the case as though no brief had been filed. The appeals of Warren, Singletary, and Myers being before us without any brief, and the court below having jurisdiction of the parties and the matters involved, and the judgment being such as under the pleadings could be rendered, and no fundamental error apparent upon the face of the record appearing, the action of the court in directing the verdict as to the title to the land should be affirmed, and it is so ordered.

  2. West v. Peters

    287 S.W. 81 (Tex. Civ. App. 1926)   Cited 7 times
    In West v. Peters (Tex. Civ. App.), 287 S.W. 81, 86, the defendant who was denied recovery for improvements had purchased a tract of wild land from Rowe, who was claiming title against the State under the ten year statute of limitations.

    "In submitting cases on special issues, the statute requires that all issues raised by the pleadings be submitted; and, where the defendants plead improvements in good faith, and there is evidence in the record to support such plea, the defendants are entitled to have that issue submitted, and it is reversible error for the court to refuse a requested charge on that issue." This proposition does not cite any assignment to which it is germane, as required by the rules for briefing, and for that reason should not be considered. Affierbach v. School District (Tex.Civ.App.) 283 S.W. 333, not yet [officially] published; Equipment Co. v. Luse (Tex.Civ.App.) 250 S.W. 1104; Terry v. Williamson (Tex.Civ.App.) 251 S.W. 813. However, we have looked to the assignments in the back of appellant's brief, and there we find appellants' second assignment, which is as follows: