Legal Opinion

Gonzales College v. McHugh

Texas Supreme Court

Decided July 1, 1873Published

Appeal from Karnes. Tried below before the Hon. Jerome B. Carpenter. This case has been twice before the Supreme Court, and . reported in 21 Texas, 256, and 26 Texas, 677, to which reference is made for a statement of the case. This is an appeal from the third verdict and judgment in favor of the same party.

1Opinion of the CourtMcAdoo, J.

This is an old suit. It was brought before this court in 1858 (21 Texas, 256), and again in 1863 (26 Texas, 677).

As the judgment appealed from is the- third one obtained by the plaintiff, upon three several verdicts, we •greatly regret the necessity of reversing and remanding, the cause. This result, however, cannot be avoided, on ■account of such errors as cannot be ■ overlooked in the¡ ■ court below.

The judgment itself is erroneous. Were it not for •other errors, we might reform that, and affirm the case otherwise. But there are other errors which may have induced an erroneous verdict, upon…

2Cases cited3 opinions

  1. Gonzales College v. McHughTexas Supreme Court · 1858
  2. Dyer v. SullivanTexas Supreme Court · 1857
  3. Gonzales College v. McHughTexas Supreme Court · 1863

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