Able v. Sparks
Texas Supreme Court
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
- Trinity County Lumber Co. v. DenhamTexas Supreme Court · 1895
- San Antonio & Aransas Pass Railway Co. v. HammonTexas Supreme Court · 1899
- Ripley v. StateCourt of Criminal Appeals of Texas · 1907
- Garrett v. StateCourt of Criminal Appeals of Texas · 1907
- Donoho v. HunterCourt of Appeals of Texas · 1922
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