Legal Opinion

Gilleland v. Drake

Texas Commission of Appeals

Decided June 15, 1881Published

Appeal from Travis county. Opinion by Quinan, J. Statement.— This suit was brought by Drake to recover of Mrs. Gilleland damages for horses driven bjT McLaren, her agent, out of the plaintiff’s range and branded in Mrs. Gilleland’s brand, and which by the wrongful taking of them have become a total loss to him.

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Appeal from Travis county. Opinion by Quinan, J. Statement.— This suit was brought by Drake to recover of Mrs. Gilleland damages for horses driven bjT McLaren, her agent, out of the plaintiff’s range and branded in Mrs. Gilleland’s brand, and which by the wrongful taking of them have become a total loss to him. The facts were that Mrs. Gilleland employed McLaren to brand up her stock, and that McLaren drove some horses from Drake’s range to Mrs. Gilleland’s pen, and, supposing the young stock to belong to Mrs. Gilleland, branded them in. her brand by mistake. Drake’s brand was JO. Mrs.…

1Opinion of the Court

Opinión.— The objection to the deposition of Swearingen, that the notary public who took it on the 14th of February, 1871, was not then a justice of the peace, and therefore unauthorized to take depositions, was answered in the negative by the supreme court when this case was here before on appeal. Gilleland v. Drake, 36 Tex., 676. That the cross-in fcerrogatories were not answered was no objection to the reading of the deposition, because no cross-interrogatories were filed to the interrogatories upon xvhich the deposition was taken. Gross-interrogatories, filed to previous interrogatories…

2Cases cited4 opinions

  1. Henderson v. StateTexas Supreme Court · 1854
  2. Albright v. PennTexas Supreme Court · 1855
  3. Gilleland v. DrakeTexas Supreme Court · 1872
  4. Phillips v. SmootSupreme Court of Missouri · 1852

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