Rector v. Hudson
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. C. A. Frazer. Suit by appellant as sole heir and executor of Afred Cleveland, deceased, against appellee, for the penalty of a bond given by the latter to said Cleveland on the 7th of September, 1844, to convey fifteen hundred acres of his headright as soon as he should obtain a patent.
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Appeal from Brazos. Tried below before the Hon. C. A. Frazer. Suit by appellant as sole heir and executor of Afred Cleveland, deceased, against appellee, for the penalty of a bond given by the latter to said Cleveland on the 7th of September, 1844, to convey fifteen hundred acres of his headright as soon as he should obtain a patent. The petition alleged that defendant had removed his headright from the particular land, and had thereby rendered himself unable to comply with the condition of the bond; the penalty was $2000. Answer that the said bond was made and staked on a horse-race, which…
1Opinion of the CourtWheeler, J.
The relationship of the Sheriff, who summoned the jury, to the defendant, was a good ground of challenge to the array; which ought to have been made before the-jury were sworn, or at least before the trial. A venire might then have been directed to the Coroner. It was too late to raise the objection on a motion for a new trial, without showing any excuse for the failure to make the challenge at the proper time.
The testimony of the witness to the admissions of Galbreath was objected to on the sole ground that he was not a party to the suit. But he appears to have been a partner, and to have…
2Cited by3 opinions
- Temple v. StateCourt of Criminal Appeals of Texas · 1919
- Chicago, Rock Island & Gulf Railway Co. v. ThompsonCourt of Appeals of Texas · 1909
- Davis v. MillsCourt of Appeals of Texas · 1910