Long v. Cude
Court of Appeals of Texas
Appeal from Frio. Tried below before Hon. D. P. Harr. Suit originally brought in the Justice Court and appealed to the District Court upon the following filed account: “J. E. Long to N. W. Cude, Dr. “February, A. D. 1884.—To actual damages for removing a certain fence from around a certain growing crop in Frio County, Texas.. .$100 “To exemplary damages for the wrongful and malicious removal of the aforesaid fence.......................................... 100 “ To total…
Read the full summary
Appeal from Frio. Tried below before Hon. D. P. Harr. Suit originally brought in the Justice Court and appealed to the District Court upon the following filed account: “J. E. Long to N. W. Cude, Dr. “February, A. D. 1884.—To actual damages for removing a certain fence from around a certain growing crop in Frio County, Texas.. .$100 “To exemplary damages for the wrongful and malicious removal of the aforesaid fence.......................................... 100 “ To total amount of damages, etc............................$200 The account was sworn to. The cause was submitted to the district…
1Opinion of the Court
COLLARD, Judge.
The proposition of the appellant, defendant below, that the pleadings of the appellee did not justify the court’s finding for plaintiff the value of the fence removed by defendant, is not tenable. It would be too exacting as a rule of pleading in a Justice Court. The court found as a fact that the defendant put the fence on plaintiff’s land by mistake, in the belief that it was his own land. The court does not say that this was done with plaintiff’s knowledge or acquiescence, but that it was a partition fence between the two parties, and from this fact it might be inferred that…
2Cases cited4 opinions
- Thouvenin v. LeaTexas Supreme Court · 1863
- Saunders v. WilsonTexas Supreme Court · 1857
- Harrell v. HoustonTexas Supreme Court · 1886
- Matson v. CalhounSupreme Court of Missouri · 1869
3Cited by12 opinions
- Rector v. Orange Rice Mill Co.Texas Supreme Court · 1907
- Houston & Texas Central Railway Co. v. Southren Architectural Cement Co.Texas Supreme Court · 1922
- Murphy v. BensonCourt of Appeals of Texas · 1922
- Batla v. GoodellCourt of Appeals of Texas · 1909
- Bagley v. HigginbothamCourt of Appeals of Texas · 1962
7 more not listed; retrieve them via the Exa API.