Shields v. Boone
Texas Supreme Court
Appeal from Guadalupe. Tried below before tbe Hon. A. W. Terrell. Verdict and judgment for defendants. One of the grounds stated in plaintiff’s motion for new trial, was, “the “court erred in instructing the jury as follows: the running of “the statute of limitations, would not be interrupted by the “bringing of a suit, which was dismissed for want of prosecution.” The appellant assigned as error, the giving of such instruction.
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Appeal from Guadalupe. Tried below before tbe Hon. A. W. Terrell. Verdict and judgment for defendants. One of the grounds stated in plaintiff’s motion for new trial, was, “the “court erred in instructing the jury as follows: the running of “the statute of limitations, would not be interrupted by the “bringing of a suit, which was dismissed for want of prosecution.” The appellant assigned as error, the giving of such instruction. It appeared from the statement of facts, that a suit of John T. Holman, against John C. Boone, was filed on the 18th day of March, 1853, in the District Court of…
1Opinion of the CourtBell, J.
The appellant, in this cause, was the plaintiff in the court below. He instituted suit to recover from the defendant, five hundred acres of land, part of the Samuel Highsmith league. The defendant claimed the whole league, under a conveyance from one Lockhart, who had purchased the same at sheriff’s sale. The plaintiff showed title in himself, and the defendant was forced to rely on the statute of limitation of five years. To repel the plea of the statute, the plaintiff offered in evidence the record of a suit instituted by one Holman, plaintiff’s vendor, against Roone. The suit, by Holman,…
2Cited by24 opinions
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- Lone Star Steel Company v. OwensCourt of Appeals of Texas · 1957
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