Thompson v. Swearengin
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. September 11, 1869, James W. and Cyrus Thompson, commission merchants and traders, doing business in the city of Galveston under the firm-name of “A. B. Thompson & Co.,” brought suit against J. T. Swearengin, administrator de bonis non of the estate of Mrs. M. A. Drake.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. September 11, 1869, James W. and Cyrus Thompson, commission merchants and traders, doing business in the city of Galveston under the firm-name of “A. B. Thompson & Co.,” brought suit against J. T. Swearengin, administrator de bonis non of the estate of Mrs. M. A. Drake. The petition alleged an indebtedness of $1,468.54, with interest from June 5,1868, for goods, wares, and merchandise sold and delivered by plaintiffs to the intestate, and for money paid out at her request and for her use; the death of Mrs. Drake on September…
1Opinion of the Court
Moore, Associate Justice.
The manner in which this case was tried in the court below is neither to be commended nor encouraged, though it was in accordance, it seems, with the agreement of the parties. A jury was waived, and the case submitted to the presiding judge on the facts as well as law; but instead of ruling upon the exceptions to the petition before- hearing the evidence, or passing upon the objections taken during the progress of the trial to the admissibility of evidence, .all the testimony offered by the parties was admitted, subject to the decision of the court on its final…
2Cases cited6 opinions
- Lee v. BoutwellTexas Supreme Court · 1875
- Williams v. HulingTexas Supreme Court · 1875
- Henderson v. KissamTexas Supreme Court · 1852
- Pridgen v. McLeanTexas Supreme Court · 1854
- Kendall v. RileyTexas Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rabb v. RogersTexas Supreme Court · 1887
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
- Medford v. Red River CountyCourt of Appeals of Texas · 1935
- Austin v. Jackson Trust & Savings BankCourt of Appeals of Texas · 1910
- Mann v. MitchellCourt of Appeals of Texas · 1922
6 more not listed; retrieve them via the Exa API.