Watson v. H. L. Birdwell & Son

• Decision Date: 07 November 1906
• Citation: 98 S.W. 407
• Parties: WATSON v. H. L. BIRDWELL & SON.
• Court: Texas Court of Appeals

98 S.W. 407

WATSON v. H. L. BIRDWELL & SON.

Court of Civil Appeals of Texas.

November 7, 1906.

Rehearing Denied December 19, 1906.

Appeal from Hays County Court; Ed R. Kone, Judge.

Action by A. O. Watson against H. L. Birdwell & Son. Judgment for defendant, and plaintiff appeals. Affirmed.

J. R. Hamilton and O. T. Brown, for appellant. Will G. Barber and Fiset & McClendon, for appellee.

EIDSON, J.

This is a suit by appellant for damages for the alleged conversion by appellees of certain personal property. There was a trial before a jury which resulted in a verdict and judgment in favor of appellees.

There is a statement of facts agreed to by the attorneys in the case incorporated in the record, but it was not approved by the trial judge, so far as appears from the record; hence this court cannot consider such statement of facts. Sayles' Rev. Civ. St. 1897, art. 1379; Pace v. Price (Tex. Civ. App.) 45 S. W. 203; Graves v. George (Tex. Civ. App.) 54 S. W. 262; Railway Co. v. Perkins (Tex. Civ. App.) 73 S. W. 1067. In the absence of a statement of facts we are unable to determine whether or not the court below erred in any of the respects stated in appellant's assignments of error, and therefore must affirm the judgment of the court below.

The judgment is affirmed.