Alstin v. Cundiff
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. "W. D. Wood. On the 8th day of March," 1874, Philip Alstin brought suit in the District Court of Houston county against W. II. Cundid' on certain promissory notes, three of which were, by the original and a supplemental petition, subsequently filed, alleged to be secured by a vendor’s lien on certain real estate described in the petition,—the three notes amounting to §3,500, besides interest.
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Appeal from Houston. Tried below before the Hon. "W. D. Wood. On the 8th day of March," 1874, Philip Alstin brought suit in the District Court of Houston county against W. II. Cundid' on certain promissory notes, three of which were, by the original and a supplemental petition, subsequently filed, alleged to be secured by a vendor’s lien on certain real estate described in the petition,—the three notes amounting to §3,500, besides interest. The petition prayed for judgment foreclosing lien, &c. During the pendency of the suit Philip Alstin died, and appellant, as his executor, prosecuted the…
1Opinion of the Court
Bonner, Associate Justice.
The second and third errors assigned are, that the court erred in permitting the defendant to-open and conclude in the introduction of evidence and in the argument before the jury, and in not giving to the admis- • sion of the defendant its proper legal effect.
Bule 31 of this court, for the government of District Courts, (47 Tex., 623,) was intended to give to the defendant the privilege to open and conclude in cases only where he admitted all the material issues tendered by the plaintiff' in support of his cause of action. If these issues are properly admitted by…
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