Cherry v. Speight
Texas Supreme Court
Appeal from McLennan. The case was tried before Hon. FT. W. Battle, one of the district judges. ■ The main facts of this case are clearly stated in the opinion of this court.
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Appeal from McLennan. The case was tried before Hon. FT. W. Battle, one of the district judges. ■ The main facts of this case are clearly stated in the opinion of this court. The charges given to the jury by the court below, at the instance of the defendant, and which are held by this court to be erroneous, are as follows: “ 1. If they believe from the evidence that Mark Pruitt was .dead when the judgment was rendered by the high court of errors and appeals, as shown in the transcript from the vice chancery court at Fulton, the jury will disregard said transcript from the said vice chancery…
1Opinion of the CourtMoore, C. J.
—At its May term, 1855, a judgment was *514rendered in the vice chancery court at Fulton, in the State of Mississippi, in favor of William C. Coopwood, as administrator of the estate of John C. Cherry, deceased, against Mark Pruitt, appellee’s testator, on personal service, for the sum of $4,918 20, with interest thereon from the 27th day of March, 1855. On the application of said Pruitt, the judgment of the vice chancery court was taken by appeal to the high court of errors and appeals for the State of Mississippi, and while the suit was pending on his appeal in said high court of errors and…
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