Hardin v. Blackshear
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. Peyton Edwards. Suit by appellee, in which she charged that on January 25, 1882, the plaintiff, Mrs. Blackshear, executed a deed conveying to the defendant Hardin five acres of ground, with improvements thereon, situated in Palestine, Anderson county, in part payment of a stock of goods, notes and accounts agreed to bo sold by Hardin to her brothers, J. S. & B. A. Witherspoon.
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Appeal from Anderson. Tried below before the Hon. Peyton Edwards. Suit by appellee, in which she charged that on January 25, 1882, the plaintiff, Mrs. Blackshear, executed a deed conveying to the defendant Hardin five acres of ground, with improvements thereon, situated in Palestine, Anderson county, in part payment of a stock of goods, notes and accounts agreed to bo sold by Hardin to her brothers, J. S. & B. A. Witherspoon. She delivered the deed to her brother, J. S. Witherspoon, to be used by him and- B. A. Wither-spoon in the purchase of the goods, etc., the deed to be delivered to…
1Opinion of the Court
West, Associate Justice.
The facts alleged constitute a good cause of action, and the court did not err in overruling the general demurrer and special exceptions to the original petition. Nor did the court err, under the facts presented, in declining to strike the case from the jury docket. The failure to pay the jury fee at once, as should always be done, makes it the duty of the court to decline to grant the party the privilege of a jury for the trial of his case. B. S., art. 3066. But there must be in this, as in many other like questions of practice arising in the progress of a trial, some…
2Cases cited3 opinions
- Styles v. GrayTexas Supreme Court · 1853
- Wallis v. BeauchampTexas Supreme Court · 1855
- Houze v. HouzeTexas Supreme Court · 1856
3Cited by26 opinions
- Aronoff v. Texas Turnpike AuthorityCourt of Appeals of Texas · 1957
- Manning v. StateCourt of Criminal Appeals of Texas · 1904
- Wiebusch v. TaylorTexas Supreme Court · 1885
- A. C. Petri & Bro. v. Lincoln National BankTexas Supreme Court · 1892
- P. W. Gallagher & Co. v. Goldfrank, Frank & Co.Texas Supreme Court · 1885
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