Forbes v. Davis
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee against the master, Thomas Forbes, and the unknown owners of the steamship Perseverance, for the value of a trunk and the contents thereof, lost on the passage of plaintiff from New Orleans to Indianola, on board of said ship, “ some time in the month of August, 1853.” The petition was filed March 2nd, 1854. There was an affidavit that the residence of the said Forbes, and of the owners of the…
Read the full summary
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee against the master, Thomas Forbes, and the unknown owners of the steamship Perseverance, for the value of a trunk and the contents thereof, lost on the passage of plaintiff from New Orleans to Indianola, on board of said ship, “ some time in the month of August, 1853.” The petition was filed March 2nd, 1854. There was an affidavit that the residence of the said Forbes, and of the owners of the said steamship, (whose names said affiant does not know,) was unknown, and prayer for citation by publication. Annexed…
1Opinion of the Court
Hemphill, Ch. J.
This was a suit by Frances Davis against Thomas Forbes, master, and the unknown owners of the steamship Perseverance, to recover damages for the loss of a trunk and its contents, a part of the baggage of the plaintiff on a trip from New Orleans to Indianola.
Forbes alone answered. The owners were not cited. There was a trial and verdict for plaintiff. After verdict, plaintiff dismissed as to defendants not served. A motion for new trial being overruled, defendant appealed and assigns error—
1st. In overruling motion for new trial.
2nd. In dismissing as to defendants not served,…
2Cases cited2 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Austin v. JordanTexas Supreme Court · 1849
3Cited by6 opinions
- Miller v. SullivanTexas Supreme Court · 1896
- Wooters v. SmithTexas Supreme Court · 1882
- Bute v. BrainerdTexas Supreme Court · 1899
- Kuykendall v. CoulterCourt of Appeals of Texas · 1894
- P. J. Willis & Bro. v. MorrisonTexas Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.