McAfee v. Robertson
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. J. B. Williamson. In July, 1871, McAfee sued Robertson for work and labor done at his wife’s request, setting out the following items: 5,500 new rails---------------------------------------$55 00 18 days’ hauling with wagon and two yoke of oxen, and two hands, $5 per day----------------------- 120 00 Cash, October, 1866------------------------------ 5 00 1,900 panels of fence reset, 50 cents per hundred rails for taking down and…
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Appeal from Rusk. Tried below before the Hon. J. B. Williamson. In July, 1871, McAfee sued Robertson for work and labor done at his wife’s request, setting out the following items: 5,500 new rails---------------------------------------$55 00 18 days’ hauling with wagon and two yoke of oxen, and two hands, $5 per day----------------------- 120 00 Cash, October, 1866------------------------------ 5 00 1,900 panels of fence reset, 50 cents per hundred rails for taking down and putting up------------ 95 00 The petition was sworn to by plaintiff, and service had by publication. Defendant by…
1Opinion of the Court
Moore, Associate Justice.
The judgment in this case must be reversed for each of the three grounds presented in the assignment of errors, viz: First, the jury decided contrary to the law and evidence; second, the court erred in not granting a new trial to plaintiff and in overruling his motion for a new trial; third, the court erred in its charge to the jury, &c.
All of the allegations of the petition are fully and clearly proved by the testimony submitted to the jury on behalf of the plaintiff. This was done, it is true, almost entirely by the unsupported testimony of the plaintiff himself;…
2Cases cited4 opinions
- Wright v. Hays' Adm'rTexas Supreme Court · 1853
- Fullerton v. DoyleTexas Supreme Court · 1856
- Cheek v. BellowsTexas Supreme Court · 1856
- Thomas v. ChanceTexas Supreme Court · 1854
3Cited by5 opinions
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- Fermier v. BrannanCourt of Appeals of Texas · 1899
- Dallas Building & Loan Ass'n v. HenryCourt of Appeals of Texas · 1936
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- Keys v. Tarrant Cty. Bldg. Loan Ass'nCourt of Appeals of Texas · 1926