S. Jacobs, Bernheim & Co. v. Crum
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. S. Jacobs, Bernheim & Co., on the 15th of February, 1882, brought suit in the district court of Tarrant county against Isaac E. Crum, on his note to them for $1,598.90, dated August 17,1881, due March 1, 1882, and bearing interest at the rate of ten per cent, per annum from maturity. An original attachment was at the same time sued out on the affidavit of S. B. Mayer, agent for the plaintiffs.
Read the full summary
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. S. Jacobs, Bernheim & Co., on the 15th of February, 1882, brought suit in the district court of Tarrant county against Isaac E. Crum, on his note to them for $1,598.90, dated August 17,1881, due March 1, 1882, and bearing interest at the rate of ten per cent, per annum from maturity. An original attachment was at the same time sued out on the affidavit of S. B. Mayer, agent for the plaintiffs. The defendant pleaded a general demurrer and general denial, and specially in reconvention for the alleged wrongful and malicious suing out…
1Opinion of the Court
Walker, P. J. Com. App.
It is assigned as ground of error that the court erred in overruling plaintiffs’ motion (made after the defendant had closed his case on his plea in reconvention) to exclude from the jury the subject of exemplary damages, because there was no evidence tending to support the allegations of the defendant’s plea with respect thereto.
A. motion of this character is assimilated to a demurrer to evidence, but it is not, we conceive, equivalent to it. A demurrer to evidence admits every fact and conclusion which the evidence conduces to prove. Hughes v. Christy, 26 Tex., 230.…
2Cases cited13 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Grigsby v. PeakTexas Supreme Court · 1882
- Chandler v. MecklingTexas Supreme Court · 1858
- G., H. & S. A. R'y Co. v. BrackenTexas Supreme Court · 1883
- Houston & T. C. R'y Co. v. SchmidtTexas Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Gulf, Colorado & Santa Fe Ry. Co. v. JamesTexas Supreme Court · 1889
- Cain v. FontanaCourt of Appeals of Texas · 1967
- Morgan v. ArnoldCourt of Appeals of Texas · 1969
- Cagle v. McQueen Texas Employers' Ins. Ass'n v. Gulf Oil Corp. McQueen v. Cagle. Gulf Oil Corp. v. CagleCourt of Appeals for the Fifth Circuit · 1953
18 more not listed; retrieve them via the Exa API.