Ables v. Donley
Texas Supreme Court
Appeal from Cherokee. This is a suit by the appellee against the appellant on a promissory note. The defendant pleaded failure of consideration, alleging that the note was given for the price of a negro woman, bought by the defendant of tho payee of the note on the 27th day of September, 1S50, and warranted sound, but which was at the time unsound and worthless. It. was in proof that in a few days after the purchase the negro showed symptoms of disease.
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Appeal from Cherokee. This is a suit by the appellee against the appellant on a promissory note. The defendant pleaded failure of consideration, alleging that the note was given for the price of a negro woman, bought by the defendant of tho payee of the note on the 27th day of September, 1S50, and warranted sound, but which was at the time unsound and worthless. It. was in proof that in a few days after the purchase the negro showed symptoms of disease. In about two weeks slie liad chills and fever, and in about two months slie died. A physician who liad seen the negro testified to the effect…
1Opinion of the CourtWheelee, J.
Applications for now trials are addressed to the discretion of the court, governed by certain legal rales. Subject to those rales, the judge to whom the application is addressed must decide as his own sense of justice shall dictate upon the circumstances of such case. It is impossible to prescribe rales which shall afford a certain guide for the determination of every case ; and where the law does not furnish a rule the application must of necessity be addressed to the discretion of the presiding judge. Having presided at the trial, having seen the witnesses and heard them testify, his means…
2Cited by24 opinions
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- Houston & Texas Central Railway Co. v. ForsythTexas Supreme Court · 1878
- McManus v. WallisTexas Supreme Court · 1880
- Jordan v. ImthurnTexas Supreme Court · 1879
- San Antonio Gas Co. v. SingletonCourt of Appeals of Texas · 1900
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