Phillips v. Parr
Texas Supreme Court
Error from Lamar. Tried below before the Hon. William S. Todd. Suit by Parr against Phillips in a Justice’s Court, for the value of six hogs, the property of Parr, which Phillips caused to be killed and appropriated to his own use. Judgment for plaintiff for §44. Certiorari by Phillips; afterwards dismissed on motion. The allegations of the petition are sufficiently stated in the Opinion.
1Opinion of the Court
Hemphill, Ch. J.
The petition for certiorari was dismissed on motion, and the plaintiff Phillips has sued out his writ of error. From the allegations it appears that Parr brought suit before the Justice against Phillips, for the value of certain hogs killed by one Mullins under the authority and by direction of Phillips ; that the plaintiff Phillips had sold some hogs to Parr, but those killed by Mullins were not included in the sale ; that Mullins proved upon the trial, that the hogs killed by Mm were the property of Phillips and not of Parr ; and *92that before killing he had informed Parr of…
2Cited by2 opinions
- Oldham v. SparksTexas Supreme Court · 1866
- Doughty v. HaleTexas Commission of Appeals · 1881