Legal Opinion

Chicago, Rock Island & Gulf Railway Co. v. Thompson

Court of Appeals of Texas

Decided December 4, 1909PublishedCited by 6 opinions

Appeal from, the County Court of Gray Countv. Tried below before Hon. T. M. Wolfe.

1Opinion of the Court

CONNER, Chief Justice.

— We' are of opinion that the judgment must be aErmed. While the fact that B. S. Thompson actually received the net sum of six hundred and seventy-one dollars and" five cents would be incompetent as proof of what his cattle sold for on the market, it was certainly not hearsay, and no other objection appears to have been made to the testimony. The trial court’s consideration of the exception was limited to the particular objection made (Rule 58, for District and County Courts'), and obviously we should not go beyond it. See Rector v. Hudson, 20 Texas, 234; Wheeler v.…

2Cases cited2 opinions

  1. Wheeler v. Tyler Southeastern Railway Co.Texas Supreme Court · 1898
  2. Rector v. HudsonTexas Supreme Court · 1857

3Cited by6 opinions

  1. Stine Oil & Gas Co. v. EnglishCourt of Appeals of Texas · 1916
  2. Dendinger v. MartinCourt of Appeals of Texas · 1920
  3. Western Union Telegraph Co. v. WhiteCourt of Appeals of Texas · 1913
  4. Clark v. StateCourt of Appeals of Texas · 1916
  5. Maxwell v. CampbellCourt of Appeals of Texas · 1937

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