Moore v. Anderson
Texas Supreme Court
Error from Panola. . The ease was tried before Hon. Charles A. Frazer, one of the district judges. The record presented very much of a fact case.
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Error from Panola. . The ease was tried before Hon. Charles A. Frazer, one of the district judges. The record presented very much of a fact case. This was an action by defendant in error against plaintiff in error upon the two following instruments in writing, to wit: “ Received, Carthage, June 12; A. D. 1854, of Holland L. Anderson, two certificates, which I am to locate or account for—one the bounty warrant of said Anderson for six hundred and forty acres of land, issued by Ben F. Hill, adjutant general, dated August 20, 1850, Ho. 217; the other the H-R. of John E. Anderson, both…
1Opinion of the CourtCoke, J.
The assignments of error present two questions for revision here:
1. The ruling of the court below, excluding the deposition of the witness Allen, offered by the plaintiff in error.
2. The sufficiency of the evidence to support the verdict.
Whether there was error in the exclusion of the testimony of the witness Allen or not we think is immaterial. This testimony was merely cumulative. The witness White proved satisfactorily the only fact that would have been established by Allen’s testimony if admitted, to wit, that the certificates had been located in Denton county, at some time previous to…
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