Legal Opinion

Able v. Sparks

Texas Supreme Court

Decided July 1, 1851PublishedCited by 12 opinions

Appeal from Nacogdoches. The plaintiff Able claimed of the defendant Sparks the sum of live hundred dollars, the price of a horse sold defendant on the 1st of Januaiy. 1841. The plaintiff proved by a witness, John Able, that he had sold the horse to the defendant some time in 1840 or tiie early part of 1841 for five hundred dollars; that, shortly after the commencement of the suit witness heard defendant say that the plaintiff liad sued him for more than defendant owed him;…

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Appeal from Nacogdoches. The plaintiff Able claimed of the defendant Sparks the sum of live hundred dollars, the price of a horse sold defendant on the 1st of Januaiy. 1841. The plaintiff proved by a witness, John Able, that he had sold the horse to the defendant some time in 1840 or tiie early part of 1841 for five hundred dollars; that, shortly after the commencement of the suit witness heard defendant say that the plaintiff liad sued him for more than defendant owed him; that lie did not owe him more than two hundred and fifty dollars, and not that on a just settlement. The answer of James…

1Opinion of the Court

Hempi-iilIi, Cli. J.

The ground of objection to the interrogatory is that it constitutes a leading question, and that it may therefore be properly overruled. Tiiis ground cannot be maintained. A leading question is one which may he answered in the affirmative or negative, and suggests the desired answer. It must indicate to the witness in a matter material to the issue such answer as *176will best accord with the interests of the party. (Greenleaf, vol. 1, see. 435; 2 Pothier, pp. 202, 203; Phill. on Ev., vol. 4, p: 719 of notes; 1 Stark, ou Ev., 149.)

Tlie role must have a reasonable construction.…

2Cited by12 opinions

  1. Trinity County Lumber Co. v. DenhamTexas Supreme Court · 1895
  2. San Antonio & Aransas Pass Railway Co. v. HammonTexas Supreme Court · 1899
  3. Ripley v. StateCourt of Criminal Appeals of Texas · 1907
  4. Garrett v. StateCourt of Criminal Appeals of Texas · 1907
  5. Donoho v. HunterCourt of Appeals of Texas · 1922

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