Bowen v. Davis
Texas Supreme Court
Error, from Anderson. Tried below before the Hon. E. S. Walker. This was a suit by Davis & Bro. against W. H. Bowen, upon three promissory notes, and to foreclose a mortgage upon a lot in the town of Palestine. Selie E. Bowen, wife of defendant, intervened, claiming the lot as part of the homestead.
Read the full summary
Error, from Anderson. Tried below before the Hon. E. S. Walker. This was a suit by Davis & Bro. against W. H. Bowen, upon three promissory notes, and to foreclose a mortgage upon a lot in the town of Palestine. Selie E. Bowen, wife of defendant, intervened, claiming the lot as part of the homestead. Judgment for the amount of the notes and for foreclosure of the mortgage was rendered, upon a verdict rendered June 28, 1876, by ten of the twelve jurors impaneled to try the case. Bowen and wife sued out a writ of error, assigning as error the insufficiency of the verdict.
1Opinion of the Court
Moore, Associate Justice.
Though a number of grounds for a reversal of the judgment in this case are suggested in the assignment of errors, the only one. upon which plaintiffs’ counsel insists is, in effect, that there is no valid or legal verdict in support of the judgment; but, on the contrary, the supposed verdict upon which the judgment was rendered is invalid, because it appears from the record that a jury of twelve men were impaneled to try the cause, and that none *102of them are shown to have died, or have been disabled from sitting, yet only ten of the jury concurred in said verdict.
In…
2Cited by5 opinions
- McDaniel v. YarbroughTexas Supreme Court · 1995
- In re V. R. S.Court of Appeals of Texas · 1974
- Renfro v. StateCourt of Criminal Appeals of Texas · 1916
- In Re VRSCourt of Appeals of Texas · 1974
- Threadgill v. HopsonCourt of Appeals of Texas · 1970