Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-11-25

uJR West ct al.-Wrlt of error
4. second district: The court OF
sppeals struck out the statement
~ and, finding no assignment
could be considered without Tire
aairmed the judgment Before
IA In the district court an agree
vas signed by the attorneys for
S.ntlfl and the defendants who
answered as to the facts cf the
and It was filed among the papers.
nsrsssly stipulated that the cause
be tried upon tie facts SO agreed
unless one Callahan. also n de-
mt should appear ana answer.
I..an dld not answer, and the cause
ma upon the agreed statement.
,flal Judge filed no conclusions of
=, but stated that the facts ad
!. agreed upon, The Judgment re-
T. a nat "the cause proceeding be-
\ ne court and the court having
rs.tel the agreed statement OF facts
is Of opinion" etc. In
tlse Of the state VS.. Conner N5
ijD II was held that an agreed
ErInent OF facts, upon which "A case
Y been tried. and which has been
X.,se2 In the judgment. Is sufficient
n,hoslze revision of the Judgment
mttters growing out of such facts.
1t ruling was placed upon the
8srd that the Incorporation " the
lI,nsni In the Judgment Is as much
approval as II the Judge had made
4 Nlfcate under the statute. That
kan Is decisive Of the question now
taied. Rule 70 makes 'uch an
rsuent, when flied. part If the
sSi When. therefore. an agreed
ilzs1t Of the facts has been filed in
ID Il IL stipulated that the case
a h tried thereon. and when the
lfrenl entry shows that lhe Judge
taded the case upon such st6te-
al The fact that the case has boon
y uacn the facts so agreed upon
noarly manifested as II the agree
z M been embodied IN the entry
R The conclusions of law filed by
tiss showing also that his conclu-
NNfe arrived at from the agreed
z1sel and the agreed statement
" part OF the record, 1t would
n ny the stipulated facts should
rnh as conclusions OF fact found
~ The court of civil appeals
Striking out the statement OF
I letlon Of the court OF civil op-
pAces this court In the position
lhng To pass upon the assignment
tion without the aid of the con-
~ Of that court. The statute
.ns no express authority for a re-
cause to that court, but II
naenily contemplated that this
neald not pass upon n case I'M
gag been determined In court
Y. appeals, Hence when an ap-
rs been wrongfully dismissed
WIT OF error has been sued out.
4 'eHslty Of the case has required
should send It back to the
lie court for decision on the
~ But where a court of civil APP
ny decided a case upon the
~ and a writ Of error has been
INV Wls court has uniformly con-
w Me whole case In so far as was
TO II proper disposition.
~ NE errors assigned, although
ppellate court NAV not have
~ Y requisite TO determine all
.'.suons. This case Is OF the latter
shu The conclusion is that the
Nv ~. should go TO the trial court.
~ 'aaani claimed the land through
waae by a trustee under deed
w py Skinner TO secure 1--WE
payable In one. two, three, four
Nv. ~ years. The deed provided for
s.aosure In default OF the pay
~, sai1 notes or either of them at
~ anee OF the payee or the legal
SAID notes" The first note
n ns.rrfed before maturity to the
y. publishing company and the
4 transferred to Callahan. The
sss~ ~ nor being paid at maturity the
'la.A,N Inc request OF the West
{ter,h company. sold the land to
~. note and plaintiff bought II.
Z, AZ Wy OF the sale the other notes
I'M, ,r we II Is held that the sale
y Tss u,lee did not pass title TO the
y 49, power was TO be exercised NJ
n m1ss' OF the holder of the notes"
y M meaning Is the holder of all
biz A =, the time or default. II
fsAcls,, mat The Joint demand Of all
IA 81, !, =, ne notes would be SUM-
"a i,srts toes not mean that In case
.;s,sss SIT Of the several notes 10
Y rsh, ..oilers any one of them has
|rshf ~ ~ uiemsnd sale without the
81 r,,S.., the others. The trustee
lsntss 'S n authority. Reversed and
IL. sars plnion by Gaines, c. ].
|sisD 0S t % writ OF error , AZ we mn.
As IA anne zoe testimony. the defendant
a. ss.ps,ai,c,s,uon, John ireland. had
fssat wh sluIi'y for his principal the
4 hitter \, i, ne sought to recover or
irest VA We time the writ of at
~, s,loh for the debt a s'p pai nao IA
4 II or No. Unnecessary 10 decide
sleh 10 ' S, ne application was In a
ri Appils Minute the validity OF his
4 ealnes' q 'It'on refused. Opinion