Dial v. Collins
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The original petition of Dial against Collins was filed October 26, 1865. The first trial of the case was at the June term, 1868, at which time Dial, as plaintiff, and Collins, as defendant, were the only parties to the suit. Pope’s intervention was filed December 9, 1869, some eighteen months after the first trial and first allowance of a new trial to Collins.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The original petition of Dial against Collins was filed October 26, 1865. The first trial of the case was at the June term, 1868, at which time Dial, as plaintiff, and Collins, as defendant, were the only parties to the suit. Pope’s intervention was filed December 9, 1869, some eighteen months after the first trial and first allowance of a new trial to Collins. The second trial as to Collins, but first trial as to Pope, was at the June term, 1871; verdict rendered June 16, 1871. Judgment followed against defendant Collins and…
1Opinion of the CourtMcAdoo, J.
Article 1470, Paschal’s Digest, reads as follows: “New trials maybe granted in all civil cases, on such terms and conditions as the court may direct, but not more than two new trials shall be granted to either party in the same cause, except the jury have been guilty of some misconduct, or erred in matter of law.”
This cause has been three times tried before j uries, on each trial the jury returning a verdict for the plaintiff in almost the same identical amount, and each judgment has been by the court below set aside, and new trial granted.
On the last trial, the verdict of the jury was…
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