James v. Fulcrod
Texas Supreme Court
Error from Goliacl. The petition stated that a short timo [5H3»] before the auction sale of town lots in Goliad in December, 1846, the defendant in error (who was plaintiff in the court below) and the plaintiff in error (the defendant in the lower court) agreed to purchase together a certain town lot particularly specified; that it was expressly understood between the said defendant and the petitioner how the lot should be divided; that the defendant should have that part of…
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Error from Goliacl. The petition stated that a short timo [5H3»] before the auction sale of town lots in Goliad in December, 1846, the defendant in error (who was plaintiff in the court below) and the plaintiff in error (the defendant in the lower court) agreed to purchase together a certain town lot particularly specified; that it was expressly understood between the said defendant and the petitioner how the lot should be divided; that the defendant should have that part of the lot adjoiuing his residence, and that in consideration thereof he would bid off said lot for the plaintiff'; that…
1Opinion of the Court
Hemphill, Ch. J.
The errors assigned are the overruling of the defend*258ant’s demurrer, the refusal to give certain charges as prayed for by the defendant to the jury, and the overruling the motion for a new trial.
The record does not show the disposition which was made of the instructions asked by the defendant, and it will be unnecessary to examine them with the view of ascertaining their correctness as legal propositions applicable to the facts of the case. The giving- or refusal of instructions cannot be made the ground of reversal unless it be shown that they were either given or refused.…
2Cases cited5 opinions
- Bartle v. NuttSupreme Court of the United States · 1830
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Fox v. HeffnerSupreme Court of Pennsylvania · 1841
- Parker's heirs v. BodleyCourt of Appeals of Kentucky · 1815
- Lamborn v. WatsonCourt of Appeals of Maryland · 1824
3Cited by139 opinions
- Fitz-Gerald v. HullTexas Supreme Court · 1951
- Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
- Allen v. AllenTexas Supreme Court · 1908
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