Marshall v. Atascosa County
| Decision Date | 26 October 1898 |
| Citation | 47 S.W. 680 |
| Parties | MARSHALL et al. v. ATASCOSA COUNTY et al. |
| Court | Texas Court of Appeals |
Appeal from district court, Atascosa county; M. F. Lowe, Judge.
Action by W. M. L. Marshall and others against Atascosa county and others. From an order sustaining demurrers to the petition and dismissing the action, the plaintiffs appeal. Affirmed.
J. M. Eckford, for appellants. George M. Martin and W. O. Read, for appellees.
In this case the only assignment of error is: "The court erred in sustaining defendants' general demurrer and four special exceptions, and dismissing plaintiffs' cause of action." Under rule 26 prescribed for the government of this court, it cannot be considered in reference to the special exceptions. The assignment would probably be sufficient in respect to the general demurrer, but it would be of no use for us to pass on that question, for, if the petition be held good as against a general demurrer, still the court may not have erred in sustaining the special demurrers, and there is, under said rule, no valid assignment here of error in respect to them. The judgment is therefore affirmed.
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...invoked the statute of limitations. A decision upon the question as it is presented in the present case is found in Marshall v. Atascosa County (Tex. Civ. App.) 47 S. W. 680, and Hansen v. Yturria (Tex. Civ. App.) 48 S. W. 797, and Hansen v. Yturria (Tex. Civ. App.) 48 S. W. 795. We refer t......
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