Moss v. Wm. Cameron & Co.
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. T. C. Alexander, Special Judge. This was a suit by the appellees, Cameron & Co., against the appellant, S. E. Moss, for the recovery of $778.74, due on open account for lumber sold and delivered by Cameron & Co., to Moss, at certain intervals between September 8, 1883, and December 14, 1883. Moss answered by general demurrer and general denial, and also pleaded specially that he never bought or received the lumber ; that it was…
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Appeal from Bosque. Tried below before the Hon. T. C. Alexander, Special Judge. This was a suit by the appellees, Cameron & Co., against the appellant, S. E. Moss, for the recovery of $778.74, due on open account for lumber sold and delivered by Cameron & Co., to Moss, at certain intervals between September 8, 1883, and December 14, 1883. Moss answered by general demurrer and general denial, and also pleaded specially that he never bought or received the lumber ; that it was never delivered to him, nor to any person authorized by him, but that it was in truth and in fact sold and delivered to…
1Opinion of the Court
Willie, Chief Justice.
The bills of exceptions taken to the action of the court below in sustaining objection to questions propounded to witnesses do not state what would have been the answers of the witnesses had the objection been overruled. Hot knowing what would have been their answers, we cannot say that the exclusion of their testimony has prejudiced the appellants case, or tell whether or not it was material or relevant to his defense. This court has invariably refused to revise the action of the district court in excluding testimony, when there is no proper bill of exceptions showing…
2Cases cited3 opinions
- Milliken v. SmootTexas Supreme Court · 1885
- Hill v. CunninghamTexas Supreme Court · 1860
- Burleson v. HancockTexas Supreme Court · 1866
3Cited by7 opinions
- San Antonio, U G. R. Co. v. DawsonCourt of Appeals of Texas · 1918
- Tietjen v. SneadArizona Supreme Court · 1890
- Orr & Lindsey Shoe Co. v. FerrellTexas Supreme Court · 1887
- Ward v. CameronTexas Supreme Court · 1904
- Gulf, C. & S. F. Ry. Co. v. Buckholts State BankCourt of Appeals of Texas · 1923
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