Sparks v. Dawson
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. J. W. Oliver. A detail of the facts testified to in this case would serve no useful purpose, and would only add another chapter to the curiosities of the law. Over fifty witnesses were examined, most of whom assumed to be familiar with the same facts about which they testified, and one half of them were contradicted by the other. The opinion contains all that is necessary to be stated regarding the facts of the case.
1Opinion of the Court
Roberts, Chief Justice.
The principal question in this case is, Did the court err m the charge given, and m refusing the charge asked by the plaintiff? The evidence was conflicting, each party having adduced ample evidence in *143support of the cause of action on the one hand, and of the ■ defense on the other. If, therefore, there is no error in the charge of the court, by which the jury was misled, the verdict and judgment in favor of the defendant cannot he disturbed. But the fact that there is in the case so direct a conflict, so well sustained on each side, renders it very important that the…
2Cases cited1 opinion
- Linn v. WrightTexas Supreme Court · 1857
3Cited by29 opinions
- Ellis County State Bank v. KeeverTexas Supreme Court · 1994
- Johnson v. BrownTexas Supreme Court · 1879
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Heiligmann v. RoseTexas Supreme Court · 1891
- Weaver v. AshcroftTexas Supreme Court · 1878
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