Scott v. Slaughter

• Decision Date: 07 January 1904
• Citation: Scott v. Slaughter, 77 S.W. 949, 97 Tex. 244 (Tex. 1904)
• Parties: SCOTT v. SLAUGHTER.
• Court: Texas Supreme Court

77 S.W. 949

SCOTT v. SLAUGHTER.

Supreme Court of Texas.

January 7, 1904.

Appeal from Court of Civil Appeals of Fifth Supreme Judicial District.

Action by Winfield Scott against C. C. Slaughter. From the judgment rendered, plaintiff appeals to the Court of Civil Appeals. On motion to dismiss, the question is certified to the Supreme Court whether the record is sufficient to require consideration of the appeal. Answered in the affirmative.

Matlock, Miller & Dycus, for appellant. K. R. Craig and G. G. Wright, for appellee.

WILLIAMS, J.

Certified question from the Court of Civil Appeals for the Fifth Supreme Judicial District, as follows:

"In view of the opinion, as we understand it, delivered by the Court of Civil Appeals, Fourth Supreme Judicial District, sitting at San Antonio, in the case of Thaison v. Sanchez, 35 S. W. 478, in which opinion this court does not concur, we deem it advisable to present to the Supreme Court of the state of Texas, for adjudication, the following issue of law arising in the above-entitled cause of Winfield Scott, appellant, v. C. C. Slaughter, appellee. "Statement.

"The record before us contains nothing more than an agreed statement of facts, made and filed by the parties in the court below, upon which the case was tried, the judgment of the court, the findings of fact and conclusions of law of the trial court, assignments of error, and the appeal bond. The pleadings are omitted, and there is no agreement and statement as to what the issues were on the trial of the cause. The agreed statement of facts is dated May 1, 1903, signed by the attorneys of the respective parties, and properly certified to be correct by the judge before whom the case was tried, and was made, signed, and filed before the trial in the lower court. The agreed statement contains the following:

"`Winfield Scott vs. C. C. Slaughter. No. 22079. In the District Court of Dallas County, Texas, 44th Judicial District. We hereby agree that the following is a statement of the facts in the above styled and numbered cause, and that the controversy herein may be submitted to the court on same as an agreed statement of facts.'

"Then follows a statement of the facts agreed on, and is signed by the attorneys for the respective parties. The statement of facts is certified to be correct by the judge before whom the case was tried, and that said cause was tried upon said agreed statement of facts and exhibits and no other testimony. The judgment was rendered for plaintiff on the 1st day of May, 1903, for the sum of $1,325.69. Said...