Gray v. Burk
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. John H. Reagan. Suit by appellee against appellant, in a Justice’s Court, for detaining a red steer, marked split in each ear, three years old, of the value of fifteen dollars. Judgment for defendant, July 5th, 1856, on the verdict of a jury. There had been two previous trials, in which the jury failed to agree. Certiorari by plaintiff.
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Appeal from Cherokee. Tried below before the Hon. John H. Reagan. Suit by appellee against appellant, in a Justice’s Court, for detaining a red steer, marked split in each ear, three years old, of the value of fifteen dollars. Judgment for defendant, July 5th, 1856, on the verdict of a jury. There had been two previous trials, in which the jury failed to agree. Certiorari by plaintiff. The steer in controversy was of a pale red color, with white on its back, flanks and belly ; was a yearling in the Spring of 1854; and was marked with a slit in each ear and an under-hack in the left ear; there…
1Opinion of the CourtWheeler, J.
This case involved a single inquiry of fact— a mere question of the identity of the animal. That was the sole matter of dispute. There can be no doubt that each of the parties owned an animal of the description of the one in controversy, and so nearly resembling, that it would be difficult to distinguish them. Their similarity is the cause, doubtless, of this unfortunate litigation. Each party adduced ample proof, unrebutted, of title in himself. The only question for the jury to decide, therefore, was, whether this was the plaintiff’s or the defendant’s steer; and the Court very properly so…
2Cited by13 opinions
- St. Louis & South-Eastern Railway Co. v. MyrtleIndiana Supreme Court · 1875
- Jones v. AndrewsTexas Supreme Court · 1884
- Allen v. Texas N. O. R. Co.Court of Appeals of Texas · 1934
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
- City of Warsaw v. FisherIndiana Court of Appeals · 1899
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