Cook v. De la Garza
Texas Supreme Court
Appeal from Victoria. This was an action brought by the appellee against the appellant ami H. and E. S. and G. F. Harper, for a trespass committed, by forcibly dispossessing the plaintiff of the bouse and premises where be resided. The plaintiff discontinued as to two of the defendants, II. and G. F. Harper. At the Fall Term, 1850, therqt was a verdict for the plaintiff and a new trial granted.
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Appeal from Victoria. This was an action brought by the appellee against the appellant ami H. and E. S. and G. F. Harper, for a trespass committed, by forcibly dispossessing the plaintiff of the bouse and premises where be resided. The plaintiff discontinued as to two of the defendants, II. and G. F. Harper. At the Fall Term, 1850, therqt was a verdict for the plaintiff and a new trial granted. At the Spring Terin, 1851, the canse was continued on affidavit of'the defendant, Cook. At tire Fall Term thereafter, the cause being called for trial, the plaintiff announced himself ready, whereupon…
1Opinion of the CourtWheeler, J.
The objection now urged to the judgment, that the verdict was against Cook alone, and did not authorize judgment to be rendered against his co-defendant, is not embraced in tlie assignment' ol errors; and this might be a sufficient answer to the objection. It is susceptible of the farther answer, that if an error, it has operated no injury to Cook, and his co-defendant lias not appealed. There is,however, [361] nothing in tlie objection. The verdict is *181general for the plaintiff. The attempted statement of the title of the ease was mere surplusage. The verdict possesses the essential…
2Cited by7 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Flanagan v. WomackTexas Supreme Court · 1880
- Grasty v. WoodCourt of Appeals of Texas · 1950
- Gordon v. JonesTexas Supreme Court · 1864
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