Herbert v. Butterworth
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. James H. Bell. This was a suit brought by William C. Butterworth, the appellee, to recover of the appellant, $250, for his wages, as the defendant’s overseer, under a contract of hiring, commencing in the month of October, 1855, and to continue during the year 1856, at the rate of $300 per annum.
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Appeal from Colorado. Tried below before the Hon. James H. Bell. This was a suit brought by William C. Butterworth, the appellee, to recover of the appellant, $250, for his wages, as the defendant’s overseer, under a contract of hiring, commencing in the month of October, 1855, and to continue during the year 1856, at the rate of $300 per annum. The plaintiff alleged, that the defendant, without cause, discharged him from his employment; that he was always ready to perform, and up to the date of his discharge, had performed his part of the contract. The defendant pleaded in reconvention, and…
1Opinion of the CourtWheeler, C. J.
On the authority of Graham v. Stephen, 15 Texas Rep. 88, and Bradley v. Bradley, 13 Texas Rep. *252263, it must be held, that the. court erred in sustaining the exceptions to the part of the fourth and sixth answers of the defendant to interrogatories, stricken out. The answer dealt very-much in generalities; and on that ground, perhaps, was objectionable. But it was not obnoxious to the objection, that it was not closely connected with the main fact to which the party was interrogated. The judgment must be reversed and the cause remanded.
Reversed and remanded.
Bell, J., did not sit in this…
2Cases cited2 opinions
- Graham v. StephenTexas Supreme Court · 1855
- Bradley's Adm'rs v. BradleyTexas Supreme Court · 1855
3Cited by1 opinion
- Lufkin Land & Lumber Co. v. NobleCourt of Appeals of Texas · 1910