Town of Refugio v. Byrne
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. This suit was brought in the county of Refugio by James W. Byrne, against the corporation of the town of Refugio and several other defendants, for the recovery in an action of trespass to try title of three several tracts of lands. The petition alleged that the defendants claimed the same under a prétended title supposed to be vested in the said town of Refugio.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. This suit was brought in the county of Refugio by James W. Byrne, against the corporation of the town of Refugio and several other defendants, for the recovery in an action of trespass to try title of three several tracts of lands. The petition alleged that the defendants claimed the same under a prétended title supposed to be vested in the said town of Refugio. The defendants pleaded the statute of limitations of three years, and set forth as title, or color of title, from and under the severeignty of the soil, under which…
1Opinion of the CourtWheeler, C. J.
The express affirmation by the statute, of the right of a party to use the depositions of the adverse party, when he has filed cross-interrogatories which have been answered, impliedly negatives the right where the party has not propounded cross-interrogatories. (Hart. Dig., Art. 731.) This seems to be the case of an affirmative statute which implies a negative; that is, that the party who has declined or neglected to file cross-interrogatories, shall be deemed not to have an interest in the depositions, and shall not have the right to use them, if the party taking them does not see proper to…
2Cases cited1 opinion
- De Armas v. Mayor of New-OrleansSupreme Court of Louisiana · 1833
3Cited by7 opinions
- Heard v. StateTexas Supreme Court · 1947
- Heard v. Town of RefugioTexas Supreme Court · 1937
- B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
- Mitchell v. Town of RefugioCourt of Appeals of Texas · 1954
- Town of Refugio v. HeardCourt of Appeals of Texas · 1936
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