Citations
- 24 S.W.2d 75
Full opinion text
WALKER, J.
This suit was filed in justice court by appellee against appellant for $150 damages as the value of a cow killed by appellant. Appellee also pleaded for $20 attorney’s fees. Upon trial in that court, judgment was rendered in appellee’s favor for $40. Appellant filed motion for new trial, which was overruled, and appellee, not being satisfied with the judgment, appealed to county court, where, upon trial to a jury, judgment was rendered in his favor for $90. The costs of the justice court were taxed against appellee, and costs of the county court against appellant. Appellant filed a motion for new trial and to retax costs, praying that the costs of the county court be taxed against appellee. He -answered, contesting appellant’s motion, and prayed that the costs of the justice court be taxed against appellant. All motions were overruled, to which appellant excepted and gave notice of appeal to, this court, and filed appeal bond, as required by law. Appellant has briefed only the assignments against the refusal of the trial court to fax the costs of the county court against appellee. Appellee has filed cross-assignments complaining of the refusal of the trial 'court to tax the costs of the justice court against appellant.
The statement of facts filed herein is wholly in question and answer form,' and must therefore be stricken. Under article 2239 (Rev. St.) the statement of facts must be reduced to narrative form, an'd must not consist of question's and answers, as taken by the official stenographer. Dolsons v. Sheridan Stove Mfg. Co. (Tex. Civ. App.) 178 S. W. 663. Without a statement of facts, appellant’s as