Bankers' Mortgage Co. of Topeka v. Chambers

Court of Appeals of Texas

Bankers' Mortgage Co. of Topeka v. Chambers

61 S.W.2d 597, 1933 Tex. App. LEXIS 876

CourtCourt of Appeals of Texas

DecidedMay 25, 1933

DocketNo. 1387

StatusPublished

Cited by1 cases

This text of 61 S.W.2d 597 (Bankers' Mortgage Co. of Topeka v. Chambers) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bankers' Mortgage Co. of Topeka v. Chambers, 61 S.W.2d 597, 1933 Tex. App. LEXIS 876 (Tex. Ct. App. 1933).

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Opinion

GALLAGHER, Chief Justice.

This suit originated in the justice court, precinct No.'l, Falls county, in which court Maurice E. Chambers, hereinafter called plaintiff, recovered a judgment against the Bankers' Mortgage Company of Topeka, Kansas, hereinafter called defendant, for the sum of $125.44. Defendant prosecuted an appeal from that judgment. The Fidelity & Deposit Company of Maryland was surety on its appeal bond. The county court of that county being without civil jurisdiction, the appeal was filed in the district court. A trial there resulted in a judgment in favor of plaintiff against defendant and said surety on its appeal bond for the sum. of $125.44, from which judgment defendant has sued out a writ of error to this court.

The pleadings of the parties, the testimony introduced, and the issues of law involved in this case are all substantially the same as in the case of Bankers’ Mortgage Co. of Topeka, Kansas, v. Ewell A. Rogers (Tex. Civ. App.) 61 S.W.(2d) 593, this day decided.

For the reasons stated in the opinion in that case, the judgment of the trial court is affirmed.

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GALLAGHER, Chief Justice.

This suit originated in the justice court, precinct No.'l, Falls county, in which court Maurice E. Chambers, hereinafter called plaintiff, recovered a judgment against the Bankers' Mortgage Company of Topeka, Kansas, hereinafter called defendant, for the sum of $125.44. Defendant prosecuted an appeal from that judgment. The Fidelity & Deposit Company of Maryland was surety on its appeal bond. The county court of that county being without civil jurisdiction, the appeal was filed in the district court. A trial there resulted in a judgment in favor of plaintiff against defendant and said surety on its appeal bond for the sum. of $125.44, from which judgment defendant has sued out a writ of error to this court.

The pleadings of the parties, the testimony introduced, and the issues of law involved in this case are all substantially the same as in the case of Bankers’ Mortgage Co. of Topeka, Kansas, v. Ewell A. Rogers (Tex. Civ. App.) 61 S.W.(2d) 593, this day decided.

For the reasons stated in the opinion in that case, the judgment of the trial court is affirmed.

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61 S.W.2d 597, 1933 Tex. App. LEXIS 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-mortgage-co-of-topeka-v-chambers-texapp-1933.

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