Legal Opinion
Reed v. Herring
Texas Supreme Court
Decided July 1, 1873PublishedCited by 2 opinions
Appeal from Live Oak. Tried below before the Hon. D. D. Claiborne. The question of evidence referred to in the opinion of the court, arose upon instructions asked and refused in the court below.
1Opinion of the CourtWalker, J.
The evidence in this case is conflicting. Proof of the declarations of Wilborn should not have been admitted, unless they were made before the assignment of the claim to Herring on which the suit is brought.
The appellee makes a remittitur in this court, which should have been made before the case was appealed. This having been omitted, the appellee must pay the costs incurred by the appeal, and the judgment of .the District Court is affirmed.
Affirmed.
2Cited by2 opinions
- Hinson v. Ely Walker & Co.Texas Supreme Court · 1885
- G. H. Pearce & Co. v. Tootle, Hosea & Co.Court of Appeals of Texas · 1889