Manuel v. Whitehead
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was a suit brought by Thomas Whitehead, in the District Court, against Mariano Roderiguez, as guardian of the minors, Manuel Iturri and Vicenta Iturri, for the one third life interest which he claimed to certain real estate, consisting of certain parcels of land, and a house and lot in the city of San Antonio ; and for one third of the rents and profits of said house and lot, alleged to have been received…
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was a suit brought by Thomas Whitehead, in the District Court, against Mariano Roderiguez, as guardian of the minors, Manuel Iturri and Vicenta Iturri, for the one third life interest which he claimed to certain real estate, consisting of certain parcels of land, and a house and lot in the city of San Antonio ; and for one third of the rents and profits of said house and lot, alleged to have been received by said guardian; which interest he claimed under the laws of descent and distribution, through his wife, who died in…
1Opinion of the Court
Wheeler, Ch. J.
The judgment is erroneous, and must be reversed, for the reason that the verdict is unsupported by evidence. No evidence appears in the statement of facts, to warrant the jury in finding for the plaintiff the amount of their verdict, upon which the court gave judgment.
It would seem, on general principles, that after it was made apparent to the court, that the plaintiff had been appointed guardian of the defendants, the suit ought to have been dismissed. But as this point has not been noticed by counsel in argument, it need not now be decided. The judgment is reversed, and the…
2Cited by6 opinions
- Sandoval v. RosserTexas Supreme Court · 1894
- Pryor v. KrauseCourt of Appeals of Texas · 1914
- Williams v. Sinclair-Prairie Oil Co.Court of Appeals of Texas · 1939
- Briggs v. BriggsTexas Supreme Court · 1961
- Rupe v. RobisonWashington Supreme Court · 1926
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