Moore v. Denman

Court of Appeals of Texas

Moore v. Denman

199 S.W. 1175, 1917 Tex. App. LEXIS 1175

CourtCourt of Appeals of Texas

DecidedDecember 13, 1917

DocketNo. 1871.

StatusPublished

This text of 199 S.W. 1175 (Moore v. Denman) 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.

Bluebook

Moore v. Denman, 199 S.W. 1175, 1917 Tex. App. LEXIS 1175 (Tex. Ct. App. 1917).

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Opinion

*1176 WILLSON, O. J.

Tlie suit was by appellee to recover on promissory notes made by appellant and to foreclose tbe lien of a deed by which he conveyed certain land to a trustee to secure the payment of the notes. The appeal is from a judgment in appellee’s favor for $12,089.88, the sum found to be due on the notes, and foreclosing the lien created by the deed in trust.

The contention made here is that the judgment is erroneous, and therefore should be reversed, because of the action of the trial court in overruling the motion to continue it made by appellant when the cause was reached for trial. As the ruling complained of is not presented in a bill of exceptions as required by rule 65 (142 S. W. xxi) for the government of district and county courts, this court cannot revise it. Trabue v. Cook, 124 S. W. 455; Barton v. Ash, 154 S. W. 608; Albrecht v. Lignoski, 154 S. W. 354; Cranfill v. Fidelity & Deposit Co., 143 S. W. 233; Darby v. White, 165 S. W. 481.

The judgment is affirmed. •

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*1176 WILLSON, O. J.

Tlie suit was by appellee to recover on promissory notes made by appellant and to foreclose tbe lien of a deed by which he conveyed certain land to a trustee to secure the payment of the notes. The appeal is from a judgment in appellee’s favor for $12,089.88, the sum found to be due on the notes, and foreclosing the lien created by the deed in trust.

The contention made here is that the judgment is erroneous, and therefore should be reversed, because of the action of the trial court in overruling the motion to continue it made by appellant when the cause was reached for trial. As the ruling complained of is not presented in a bill of exceptions as required by rule 65 (142 S. W. xxi) for the government of district and county courts, this court cannot revise it. Trabue v. Cook, 124 S. W. 455; Barton v. Ash, 154 S. W. 608; Albrecht v. Lignoski, 154 S. W. 354; Cranfill v. Fidelity & Deposit Co., 143 S. W. 233; Darby v. White, 165 S. W. 481.

The judgment is affirmed. •

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Bluebook (online)

199 S.W. 1175, 1917 Tex. App. LEXIS 1175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-denman-texapp-1917.

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