Gonzales College v. McHugh
Texas Supreme Court
Error from De Witt. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, and reported in the 21st volume of Texas Reports, page 256, to which reference is made for a statement of the case. Plaintiff below again obtained a judgment,- and defendants prosecuted an appeal. The facts upon which the second appeal was determined, are sufficiently disclosed in the opinion of the court.
1Opinion of the CourtBell, J.
The judgment of the court below would be affirmed, but for the erroneous ruling upon the admissibility of the answer of the witness, William R. Jones, to the 11th interrogatory propounded to him by the plaintiff, on the 26th of July, 1854.
The statement made by the witness in this answer, of the deelarrations of Smith, was clearly hearsay. Smith did not stand in any relation to the defendants below, which made his declarations binding upon them, and the testimony of Jones is nothing more than a recapitulation of what Smith told him about the condition of the walls, what was done to them after…
2Cited by1 opinion
- Gonzales College v. McHughTexas Supreme Court · 1873