Barron Clark v. White
Barron Clark v. White
Opinion of the Court
T. M. White, appellee, brought this suit in the justice court of precinct No. 1, Midland county, against Barron & Clark and J. H. Barron and Will Clark, individually, and in the alternative against A. C. Parker, to recover two months’ rent of a building which he alleged was due under the terms of a lease by plaintiff to Morris J. Lynch, dated August 1, 1909. Plaintiff alleged that Lynch sold said lease contract to Parker; that Parker assumed the payment of the rent; that Parker in turn sold to Barron & Clark; and that this firm in turn assumed the payments for rent. Defendant Parker pleaded general denial, and Barron & Clark specially denied assuming the payments for rent under the lease contract, and alleged that the only contract they had was a verbal one from month to month, at $60 *591 per month, which was terminated by vacating the building November 15, 1910. Tried before jury, and judgment for plaintiff for $120 against Barron & Clark and J. H. Barron and Will Clark, individually, jointly and severally, with interest and costs, and that A. C. Parker, J. Hunter Clark, and R. Y. Barron go hence without day and recover their costs. Barron & Clark appealed to the county court of Midland county, and upon motion the venue was. changed by the county court to the county court of Martin county. Judgment for same amount in trial court, from which this appeal is perfected.'
It will be seen that the fourth assignment complains of the action of the county judge of Midland county in changing the venue, for which action the plaintiff in error has a bill of exception, and the fifth assignment complains of the action of the court of Martin county in refusing to remand the case to Midland county, for which he has no bill, and his propositions, four in number, following consecutively in the brief, are designated as “proposition under appellants’ fourth and fifth assignments of error,” and these propositions are followed by only one statement. This is such a violation of the plain rules of this court that the assignments will not be considered.
Rule 29 for the Court of Civil Appeals (142 S. W. xii), as applicable, is: “The appellant, or plaintiff, in error, in order to prepare properly a case for submission when called, shall have filed a brief of the points which are in accordance with and confined to the distinct specifications of error. * * * The assignments as presented in the brief shall be numbered from the first to the last in their consecutive order.”
It is plain to be seen that the assignments are not numbered from the first, but from the fourth, for which reason they cannot be considered. It may seem arbitrary, and it may seem to be hard on the litigant, to enforce these rules of practice; but, without rules of law and a strict enforcement thereof, no one can know what his rights are nor how to secure them, and, these rules being plain, there is no excuse for failing to follow them.
We have carefully examined the record, and no error of a fundamental nature appearing therein, and for the reasons assigned above, the judgment of the lower court is affirmed.
Reference
- Full Case Name
- BARRON & CLARK v. WHITE Et Al.
- Cited By
- 5 cases
- Status
- Published