Hale v. Barnes
Court of Appeals of Texas
Appeal from Coryell County Court; G. E. Johnson, Judge. Suit by N. P. Hale against J. P. Barnes, in which defendant filed a cross-action. From a judgment for defendant on his cross-action, plaintiff appeals. This suit originated in a justice’s court, was appealed to and finally tried in the county court, where a judgment was rendered for the defendant on his cross-action against the plaintiff, and the latter has brought the case to this court for revision.
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Appeal from Coryell County Court; G. E. Johnson, Judge. Suit by N. P. Hale against J. P. Barnes, in which defendant filed a cross-action. From a judgment for defendant on his cross-action, plaintiff appeals. This suit originated in a justice’s court, was appealed to and finally tried in the county court, where a judgment was rendered for the defendant on his cross-action against the plaintiff, and the latter has brought the case to this court for revision. The plaintiff’s suit was founded upon a verified account for §169.50. At the time he commenced his suit, the plaintiff sued out an…
1Opinion of the Court
KEY, O. J.
(after stating the facts as above). Appellant’s brief contains four assignments of error, and these complain of the action of the trial court in giving the defendant’s requested instructions Nos. 2 and 3, and challenge the verdict of the jury in so far as it awarded to the defendant exemplary damages, and also charges that the amount awarded is excessive. The proof shows that appellant, Hale, was a merchant, and that appellee, Barnes, was indebted to him in the sum of $169.50 for merchandise sold to the latter during the year 1911. It also tends strongly to show that appellant…
2Cases cited12 opinions
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