McMillan v. Warner
Texas Supreme Court
Appeal from. Walker. Tried below before the Hon. J. E. Burnett. The appellee, Mrs. Warner (then Shannon), with her then husband, D. W. Shannon, occupied the house and lot in controversy, as their homestead, in January, 1859, at which time Shannon abandoned his wife, and left for parts unknown.
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Appeal from. Walker. Tried below before the Hon. J. E. Burnett. The appellee, Mrs. Warner (then Shannon), with her then husband, D. W. Shannon, occupied the house and lot in controversy, as their homestead, in January, 1859, at which time Shannon abandoned his wife, and left for parts unknown. She continued to reside at the house until the spring of 1861, when she removed to Houston, Texas, where she pursued the occupation of a milliner, having rented the house to a tenant, and employed an agent to collect the rents that should become due thereon. The appellant, James McMillan, obtained a…
1Opinion of the CourtOgden, J.
Section 1 of an act of the Legislature, approved May 19, 1871, provides “that in the courts of this State there shall be no exclusion of any witness on account of color; nor in civil actions because he is a party to, or interested in, the issue tried.” This statute, by implication, repeals the common law rule heretofore in force in this State in regard to the disqualifications of witnesses on account of interest, and in civil actions, excepting in one instance, has entirely removed all legal objections to the admissibility of evidence on account of any pecuniary, interest of the witness…
2Cases cited1 opinion
- Gouhenant v. CockrellTexas Supreme Court · 1857
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- West v. Austin National BankCourt of Appeals of Texas · 1968
- Butler v. ButlerSupreme Court of Arkansas · 1928
- Japp v. Sapulpa State BankSupreme Court of Oklahoma · 1923
- Eggemeyer v. EggemeyerCourt of Appeals of Texas · 1981
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