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Baker v. Nipper

Baker v. Nipper, County Treasurer.

Baker v. Nipper, 198 S.W. 596 (Tex. App. 1917)
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Court
Court of Appeals of Texas · State Appellate Courts
Decided
November 1, 1917
Docket
No. 1898.
Judges
Wibbson
Citations
198 S.W. 5961917 Tex. App. LEXIS 941
Disposition
Appeal dismissed.
Headnotes
Í. Appeal and Error <§=640 — Scope of Review — Record—Sufficiency. Where the transcript consisted solely of the order refusing the injunction, the appeal bond, and the clerk’s cost bill and certificate, the appeal would be dismissed, as the court could not determine whether the judge erred in refusing the injunction. 2. Appeal and Error <§=3518(1) — Record — Pleadings. Papers purporting to have been filed with the clerk of the trial court, and to he the petition for an injunction and the answer thereto, though sent with the transcript, were not entitled to be filed in the Court of Civil Appeals, and could not be considered as part of the record under the specific provisions of Vernon’s Sayles’ Ann. Civ. St. 1914, art. 2109 et seq., and court rules S5, 94, and 100 (142 S. W. xxiii, xxiv).
Summary
Appeal from District Court, Cass County; H. E. O’Neal, Judge. Suit by A. T. Baker against T. B. Nipper, County Treasurer. Prom an order refusing temporary injunction, plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wibbson

WIBBSON, C. J.

[1,2]

The transcript does does not contain the pleadings of the parties. It consists solely of (1) the order of the district judge refusing to grant appellant a temporary injunction, from which order the appeal is prosecuted; (2) the appeal bond; and (3) the clerk’s cost bill and certificate. As this court cannot determine from such a record whether the district judge erred when he refused to grant the relief sought, or not, it will dismiss the appeal, following the course pursued by the Supreme Court in Watson v. Watson, 69 Tex. 105 , 5 S. W. 377 , and Hubby v. Harris, 59 Tex. 14 . Papers purporting to have been filed with the clerk of the court below and to be appellant’s petition for an injunction and appellee’s answer thereto, were, it seems, sent to this court with the transcript ; but they were not entitled to be filed here, and cannot be considered as a part of the record on the appeal. Vernon’s Statutes, art. 2109 et seq.; rules 85, 94, 100 for District and County Courts ( 142 S. W. xxiii , xxiv); rule 22 for Courts of Civil Appeals ( 142 S. W. xii ); Maass v. Solinsky, 67 Tex. 290 , 3 S. W. 289 ; Clayton v. Preston, 54 Tex. 418 ; Crawford v. Abbey, 79 S. W. 346 ; Watkins v. Hopkins County, 72 S. W. 872 ; Eastin v. Ferguson, 4 Tex. Civ. App. 643 , 23 S. W. 918 .

The appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11929: 11937: 11938: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Linn County Bank v. Davis175 P. 972 (Kan. 1918)
  2. Joyce v. Armourdale State Bank274 P. 200 (Kan. 1929)
  3. Herzig v. Commercial State Bank91 F.2d 646 (10th Cir. 1937)
  4. Downey v. Downey117 S.W.2d 830 (Tex. App. 1938)

Most recent

  1. Downey v. Downey117 S.W.2d 830 (Tex. App. 1938)
  2. Herzig v. Commercial State Bank91 F.2d 646 (10th Cir. 1937)
  3. Joyce v. Armourdale State Bank274 P. 200 (Kan. 1929)
  4. Linn County Bank v. Davis175 P. 972 (Kan. 1918)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Maass v. Solingsky, 3 S.W. 289 (Tex. 1887) 21
Eastin v. Ferguson, 23 S.W. 918 (Tex. App. 1893) 6
Watson v. Watson, 5 S.W. 377 (Tex. 1887) 2
Heidelbach, Friedlander & Co. v. Carter, 79 S.W. 346 (Tex. App. 1904) 3
Clayton v. Preston, 54 Tex. 418 (1881) 3
Hubby v. Harris, 59 Tex. 14 (1883) 3

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