Dunman v. Coleman, Mathis & Fulton
Texas Supreme Court
Error from Goliad. Tried below before the Hon. II. Clay Pleasants. F. M. Coleman, Youngs Coleman, J. M. Mathis, T. II. Mathis and George W. Fulton, representing themselves as “doing business .under the firm name and style of Coleman, Mathis & Fulton,” instituted two suits against A. M. Dunman, for the recovery of eighty head of cattle or their value in the first suit, and damages, and one hundred head of cattle or their value and damages in the second.
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Error from Goliad. Tried below before the Hon. II. Clay Pleasants. F. M. Coleman, Youngs Coleman, J. M. Mathis, T. II. Mathis and George W. Fulton, representing themselves as “doing business .under the firm name and style of Coleman, Mathis & Fulton,” instituted two suits against A. M. Dunman, for the recovery of eighty head of cattle or their value in the first suit, and damages, and one hundred head of cattle or their value and damages in the second. Writs of sequestration were issued in each case. The causes were consolidated, and R. L. Dunman permitted to intervene. Judgment that the…
1Opinion of the Court
Walker, P. J. Com. App.—
The findings of fact by the judge are warranted by the evidence; there was evidence tending to establish the several conclusions drawn by him, and they are entitled to the same consideration as would be the verdict of a jury. Among the facts thus found was that the intervenor, Dunman, had failed to prove that any of the cattle which were seized by the writs of sequestration had been gathered and reduced to possession by said Dunman before the date of the sale to the plaintiffs. The court detemined, as a matter of legal construction of the contract between Coleman &…
2Cases cited5 opinions
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Coty v. BarnesSupreme Court of Vermont · 1847
- Moore v. MurdockCalifornia Supreme Court · 1864
- Atwater v. MowerSupreme Court of Vermont · 1838
3Cited by4 opinions
- Broussard v. Le BlancCourt of Appeals of Texas · 1915
- Mooers v. HunterCourt of Appeals of Texas · 1931
- Perkins v. HendryxU.S. Circuit Court for the District of Massachusetts · 1904
- Busby v. MichaelCourt of Appeals of Texas · 1940