Mills v. Howeth
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. John H. Reagan. Execution from Galveston county on a judgment in favor of Robert Mills and John W. Joekusch against John P. Walton and George W. Tuggle, levied upon a storehouse and stock of goods, and the stock of goods claimed by the appellee as his property.
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Appeal from Henderson. Tried below before the Hon. John H. Reagan. Execution from Galveston county on a judgment in favor of Robert Mills and John W. Joekusch against John P. Walton and George W. Tuggle, levied upon a storehouse and stock of goods, and the stock of goods claimed by the appellee as his property. The judgment was rendered on the 29th of December, 1854; the execution was levied May 2nd, 1855. It appeared by bill of exceptions, that the plaintiffs called Sam Mills as a witness, and asked him if he knew what the judgment filed in this cause was rendered upon. To this the claimant…
1Opinion of the CourtWheeler, J.
A copy of the record of the suit in Galveston, would have been the best evidence of the particular indebtedness of the defendant in execution, which the plaintiffs were seeking to enforce. But it was competent to prove other indebtedness, either to the plaintiffs or other parties, by any witness who knew the fact. The Court therefore erred in refusing to permit the witness Mills to testify to the existence of such indebtedness. It does not appear that it was proposed to prove by him any indebtedness evidenced by writing ; and it is not perceived on what ground his testimony was excluded. If…
2Cited by7 opinions
- Traylor v. TownsendTexas Supreme Court · 1884
- Blum v. SimpsonTexas Supreme Court · 1886
- Hamman v. WillisTexas Supreme Court · 1884
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Blankenship v. TurnerCourt of Appeals of Texas · 1888
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