Duke v. Hatcher
Court of Appeals of Texas
Appeal from District Court, Cass County; H. E. O’Neal, Judge. Suit by C. T. Duke against H. S. Hatcher. Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Cass County; H. E. O’Neal, Judge. Suit by C. T. Duke against H. S. Hatcher. Judgment for defendant, and plaintiff appeals. This was a suit by appellant against ap-pellee to recover possession of a tract of land in Cass county which appellee claimed he had rented of appellant for the year 1915. At the time he commenced his suit, to wit, March 30, 1915, appellant procured the issuance of a writ of sequestration, by virtue of which he had appellee evicted from the land April 20, 1915. By a cross-action against appellant, appellee sought a recovery of actual damages in…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] It may be conceded that the measure of damages applicable to the case made by the testimony was as appellant claimed it to be, and therefore that it was error for the trial court to refuse the special charge set out in the statement above. Lott v. Ballew, 198 S. W. 645; Pressler v. Warren, 57 Tex. Civ. App. 635, 122 S. W. 909; Brooks v. Davis, 148 S. W. 1107; Smith v. Milam, 143 S. W. 293; Miller v. Oil Co., 166 S. W. 1182; Ry. Co. v. Norton, 188 S. W. 1011; Ins. Co. v. Griffith, 185 S. W. 335. But it does not follow that the judgment should therefore be…
2Cases cited10 opinions
- San Antonio Life, Ins. Co. v. GriffithCourt of Appeals of Texas · 1916
- Miller v. Sealy Oil Mill & Mfg. Co.Court of Appeals of Texas · 1914
- Brooks v. DavisCourt of Appeals of Texas · 1912
- Lott v. BallewCourt of Appeals of Texas · 1917
- Smith v. MilamCourt of Appeals of Texas · 1911
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3Cited by1 opinion
- Niles v. ParsonsCourt of Appeals of Texas · 1951