Wandry v. Williams

• Decision Date: 19 January 1910
• Citation: 124 S.W. 85
• Parties: WANDRY v. WILLIAMS.
• Court: Texas Supreme Court

124 S.W. 85

WANDRY v. WILLIAMS.

Supreme Court of Texas.

January 19, 1910.

Certified Questions from Court of Civil Appeals of Sixth Supreme Judicial District.

Action by J. S. Williams against Albert Wandry. From a judgment for plaintiff, defendant appealed, and the Court of Civil Appeals certifies questions. Questions answered.

F. M. Brantly, for appellant. Baskin, Dodge & Baskin, for appellee.

GAINES, C. J.

These are certified questions. The statement and certificate of the Court of Civil Appeals are as follows:

"Appellee instituted suit against the appellant in the county court to recover a certain stated sum of money claimed to be due him on a contract to construct a dam, and in a trial before the court without a jury a judgment was entered in his favor. The trial of the case was begun on April 29, 1908; and was ended, and the judgment entered, on May 1, 1908. The court adjourned finally for the term May 2, 1908. On May 2, 1908, and before the final adjournment of the court, the appellant made a written request to the court, and which was by it granted and entered of record, for an order granting 20 days after adjournment of the court within which to prepare and have filed a statement of the facts and bills of exception, and for the court to reduce to writing his conclusions of fact and of law found by him on the trial of the case. There is no statement of facts, nor conclusions of fact and of law, by the trial judge, in the record on this appeal. The record does not show that an application for mandamus was made to have the trial court discharge his duty in filing his conclusions of fact and of law. The following bill of exception appears incorporated in the record, duly approved by the trial judge on May 22, 1908, being on the twentieth day after the adjournment of court and being the day the same was presented to him by appellant: `Be it remembered that on the rendition of the judgment by the court in said cause during said term of said court, to wit, on the 1st day of May, A. D. 1908, and immediately following the rendition of said judgment, and prior to the expiration and final adjournment on the following day of said term of said court, the said defendant caused to be filed therein with the papers in said cause, and presented to the court, a written request in behalf of defendant that the court and the judge thereof reduce to writing and file with the papers therein its findings of fact and conclusions of law, respectively, therein; that said court and the judge thereof having failed to comply with said request, the defendant on, to wit, the 12th day of May, A. D. 1908, the same being within 10 days following the time of the final adjournment of said term of said court, caused to be presented to the judge thereof, at the latter's office in the courthouse where said court is held, further request for findings of fact, with request that the said judge of said court approve the same or act thereon; but that the said judge of said court failed to comply with said request, or to act thereon in any respect, or to file any of its findings of fact or conclusions of law thereon, during the said term or within 10 days after the final adjournment thereof; to which said several acts and omissions defendant desires to except, and prays that this be now taken and approved as his bill of exceptions...