Harrell v. Hill
Texas Supreme Court
Appeal from Lavaca. Action by the appellee against the appellant, alleging that the latter on a certain day, with force and arms, wrongfully seized, took and carried away a certain sorrel horse, about six years old, the property of the plaintiff, of the value of one hundred and fifty dollars, and then and there converted said horse to his, defendant’s own use, to petitioner’s damage two hundred dollars, wherefore, <&c.
Read the full summary
Appeal from Lavaca. Action by the appellee against the appellant, alleging that the latter on a certain day, with force and arms, wrongfully seized, took and carried away a certain sorrel horse, about six years old, the property of the plaintiff, of the value of one hundred and fifty dollars, and then and there converted said horse to his, defendant’s own use, to petitioner’s damage two hundred dollars, wherefore, <&c. Defendant pleaded in abatement, under oath, that the horse claimed in plaintiff’s petition, is not worth one hundred dollars, and said Hill, if damaged at all, has not been…
1Opinion of the CourtWheeler, J.
The Court did not err in submitting to the jury at the same time the issues upon the plea in abatement and the answer to the merits. It was in accordance with general practice, (5 Blackf. 208 ; 16 Conn. 436 ; 6 Wend. 649 ; 1 Bibb, *272224 ; 6 Pennsyl. 361,) and there is nothing in the Statute which forbids it.
Nor did the Court err in refusing the application for a new trial. All the newly discovered evidence, except that of the witness Hill, was merely cumulative; and as to the materiality of that witness, and what he would prove, the application rested on the unsupported affidavit of the…
2Cases cited4 opinions
- Alling v. SheltonSupreme Court of Connecticut · 1844
- M'Cartee v. ChambersNew York Supreme Court · 1831
- Neal v. MillsIndiana Supreme Court · 1839
- Patrick v. WoodsCourt of Appeals of Kentucky · 1808
3Cited by2 opinions
- Shaw v. StateTexas Supreme Court · 1865
- March v. StateCourt of Appeals of Texas · 1877