Chandler v. Sappington

Citations

• 36 Tex. 272

Syllabus

<p>1. The court below overruled plaintiff's exceptions to the defendants’ plea to the jurisdiction, and rendered a judgment dismissing plaintiff's suit. Plaintiff’s bill of exceptions recited that by agreement of parties the issue was submitted to the judge without a jury, and that the judgment was rendered “ after hearing the evidence and the argument of counsel.” The issue on the plea to the j urisdiction presented questions of fact as well as of law, and there was no statement of facts, nor did the bill of exceptions recapitulate the evidence adduced. Held, that there being no means whereby this court can be put in possession of the evidence adduced upon the issue, the judgment cannot be revised, although, so far as the record discloses, there appears to have been no good reason for sustaining the plea to the jurisdiction.</p> <p>2. Plaintiff brought suit in T. county on an indorsed note against S. and O., the makers, who were residents of B. county, and also against the indorser. who resided in the county of T., where the suit was brought. S. and O. pleaded to the jurisdiction, and on trial of this plea there was judgment against the plaintiff, dismissing his suit. The plaintiff gave notice of appeal, but his appeal bondíook no notice of the indorser, and was made payable only to S. and O. Held, on motion to dismiss, that the bond is defective; it should have been made payable to all of the appellees.</p>