The Encyclopedic Digest of Texas Reports (Civil Cases); Being a Complete Encyclopedia and Digest of All the Texas Case Law (Civil) Up to and Including Volume 102 Texas Reports, Volume 49 Civil Appeals, Posey's Unreported Cases, White &

The Encyclopedic Digest of Texas Reports (Civil Cases); Being a Complete Encyclopedia and Digest of All the Texas Case Law (Civil) Up to and Including Volume 102 Texas Reports, Volume 49 Civil Appeals, Posey's Unreported Cases, White &

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...the application for writ of error, but such brief will not be considered as part of the application. VVillis 71. Moore, 89 Tex. 19, 32 S. VV_ 1038, afiirming 33 S. VV. 691. Consideration of Extracts from Transcript of Trial Court.--It has been the practice of the supreme court to permit applicants to bring up in the transcript from the court of civil appeals, and to file as a part of their application, such extracts from the transcript of the trial court as their counsel may deem proper, and to consider such extracts in determining the pro When an application for writ of error is refused, this is in effect a decision by the supreme court that the decision of the court of civil appeals is correct in its result. Brackenridge 11. Cobb, 85 Tex. 448, 21 S. W. 1034, affirming 2 Tex. Civ. App. 161, 21 S. W. 614. A rejection of an application for writ of error, while an approval of the result reached by the court of civil appeals, is not necessarily an approval of the reasoning leading to such a result. Fleming 1!, Texas Loan Agency, 87 Tex. 238, 27 S. W. 126. And see Houston, etc., Nav. Co. 71. Insurance Co.,89 Tex. 1, 32 S. W. 889. "It has often been said by the supreme court that a refusal of a writ of error by that court does not always mean that all the conclusions of the court of civil appeals are approved." Rice 1/. Lewis (Civ. App.), 125 S. W. 961. "Although the application must be refused on the ground that it does not show that applicant was entitled to more than he received on last trial, still we deem it proper to state the grounds on which the ruling of the trial court in reference to the former judgment is believed to have been correct; for otherwise the overruling of the application for writ of error might, and...show more

Product details

  • Paperback | 492 pages
  • 189 x 246 x 25mm | 871g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236835050
  • 9781236835055