Edrington v. Kiger
Texas Supreme Court
Appeal from Washington. The appellant brought suit against the appellee as administrator of William W. Massie, deceased, for the ’sum of $1,035.43, alleged to be due the plaintiff by the intestate in his lifetime, upon a written acknowledgment and other alleged grounds of indebtedness specified in a memorandum or hill of particulars appended to the petition.
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Appeal from Washington. The appellant brought suit against the appellee as administrator of William W. Massie, deceased, for the ’sum of $1,035.43, alleged to be due the plaintiff by the intestate in his lifetime, upon a written acknowledgment and other alleged grounds of indebtedness specified in a memorandum or hill of particulars appended to the petition. The answer of the defendant denies the indebtedness, and contains a plea of payment and of set-off, and also a plea in reconvention for a large sum of money alleged to be due upon an account appended to the answer. There was evidence…
1Opinion of the CourtWheeler, J.
We are required to revise the judgment of the court overruling the motion for a new trial—
First. As to the finding of the jury upon the evidence.
In order to enable the jury to arrive at the conclusion expressed in their verdict, they must have decided against the right to recover upon the principal demand sued for; that is, the acknowledged account for §922.04. The testimony in respect to tlio other accounts and matters in controversy between the parties admitted of different interpretations and conclusions, according to the credit which tlie jury may have given to different portions of the…
2Cited by3 opinions
- Houston Packing Co. v. GriffithCourt of Appeals of Texas · 1914
- Battle v. EddyTexas Supreme Court · 1868
- Young Men's Christian Ass'n v. JasseCourt of Appeals of Texas · 1912