Legal Opinion

Byrne v. Byrne

Texas Supreme Court

Decided December 15, 1848PublishedCited by 7 opinions

— Writ of Error from Galveston County. From the transcript in this cause, it appears that William C. Byrne filed his petition against Ann Byrne, his wife, on Eeb-ruary 24, 1847, alleging his marriage with tbe defendant in 1839; that they were the parents of two infant children; that the defendant conspired, with others, against his life by poisoning him; that while out of his right mind, she procured, or caused him to execute, two certain deeds of conveyance, a copy ■of only…

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— Writ of Error from Galveston County. From the transcript in this cause, it appears that William C. Byrne filed his petition against Ann Byrne, his wife, on Eeb-ruary 24, 1847, alleging his marriage with tbe defendant in 1839; that they were the parents of two infant children; that the defendant conspired, with others, against his life by poisoning him; that while out of his right mind, she procured, or caused him to execute, two certain deeds of conveyance, a copy ■of only one of which is found in the transcript, the other having been permitted to be withdrawn; that the defendant committed…

1Opinion of the CourtJustice Lipsoomb

Much of the discussion of counsel in this case has been on points that it is believed ought not to be noticed by the court.

The record shows that, after the coming in of the answer, the parties placed themselves under a peremptory rule to go to trial on a particular day, which, by reference to the record, will appear to have been entered on the 29th of May, 1847, and the day of trial was set for the Wednesday following, which, it is believed, would be on the 3d of June, and the parties mutually bound themselves not to aslc for a continuance. The application for a continuance, on the part of…

2Cited by7 opinions

  1. McNabb v. McNabbCourt of Appeals of Texas · 1918
  2. Whetstone v. CoffeyTexas Supreme Court · 1877
  3. Bloch v. BlochCourt of Appeals of Texas · 1916
  4. Arendale v. ArendaleCourt of Appeals of Texas · 1929
  5. Rogers v. RogersCourt of Appeals of Texas · 1934

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