Chandler v. Meckling
Texas Supreme Court
Appeal from Travis. Tried below before tbe Hon. Alexander W. Terrell. Suit by appellee, against Frederick W. Chandler, William Vandever and Josiah Brantley, administrators of the estate of Logan Yandever, deceased, appellants, brought on the following account: Logan Yandever to W. T. Meclding, Dr. Nov. 25th, 1854. To money paid J. R. Sweet & Co., $1,000 00 One-third interest in sutler’s store, (on settlement,) 860 00 Cr. $1,860 00 By draft drawn in favor of George Martin,…
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Appeal from Travis. Tried below before tbe Hon. Alexander W. Terrell. Suit by appellee, against Frederick W. Chandler, William Vandever and Josiah Brantley, administrators of the estate of Logan Yandever, deceased, appellants, brought on the following account: Logan Yandever to W. T. Meclding, Dr. Nov. 25th, 1854. To money paid J. R. Sweet & Co., $1,000 00 One-third interest in sutler’s store, (on settlement,) 860 00 Cr. $1,860 00 By draft drawn in favor of George Martin, $1,000 00 By my indebtedness to the firm, (not over the amount,) - 250 00 - 1,250 00 Amount due me, $610 00 W. T.…
1Opinion of the CourtRoberts, J.
The exceptions taken to the petition and to the admissibility of plaintiff’s evidence, are not deemed to be tenable. A more serious question is, whether the court below should not have granted the motion for new trial, on the ground that the verdict was contrary to the evidence.
The rules laid down for the government of the Supreme Court, on the subject of new trials for this ground, are not applicable, in all their strictness, to the action of the District Court. That court can and should wield a more liberal discretion in the exercise of this power, for the purpose of securing the…
2Cited by34 opinions
- Goldman v. BlumTexas Supreme Court · 1883
- Houston & T. C. R'y Co. v. SchmidtTexas Supreme Court · 1884
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
- Farmers' Guaranty State Bank of Jacksonville v. Burrus Mill & Elevator Co.Court of Appeals of Texas · 1918
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
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