Legal Opinion

Smith v. Jones

Court of Appeals of Texas

Decided June 5, 1895No. 1272PublishedCited by 3 opinions

Appeal from County Court of Falls County. Tried below before Hon. William Shelton, County Judge. Action for rent. Distress warrant. The defendant denied any indebtedness and reconvened, asking both actual and exemplary damages. The defendant recovered judgment in reconvention before the justice of the peace, and for a larger sum in the County Court to which the plaintiff appealed.

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Appeal from County Court of Falls County. Tried below before Hon. William Shelton, County Judge. Action for rent. Distress warrant. The defendant denied any indebtedness and reconvened, asking both actual and exemplary damages. The defendant recovered judgment in reconvention before the justice of the peace, and for a larger sum in the County Court to which the plaintiff appealed. The pleadings and the nature of the controversy are sufficiently stated in the opinion of the court. The verdict in the County Court upon which the judgment appealed from was rendered, is as follows: “We the jury…

1Opinion of the Court

COLLARD, Associate Justice.

Appellant, Isaac Smith, brought suit in the justice court for $105.63, for rents and advances for the year 1893, against appellee, D. P. Jones, his tenant, and sued out a distress warrant and had the same levied on the crops then on the premises.

Appellee pleaded in set-off and reconvention for the following items: Failure of plaintiff to furnish defendant with a cistern and failing to have the cistern plastered and made to hold water............$30

For failing to put repairs on dwelling, to-wit: ceiling, and adding another room and repairing fireplace and floor, as…

2Cases cited9 opinions

  1. Trawick v. Martin Brown Co.Texas Supreme Court · 1890
  2. Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
  3. Culbertson v. CabeenTexas Supreme Court · 1867
  4. Kaufman & Runge v. ArmstrongTexas Supreme Court · 1889
  5. Spies v. ProvineTexas Supreme Court · 1890

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First Nat. Bank of Littlefield v. CooperCourt of Appeals of Texas · 1928
  2. Acker v. ThompsonCourt of Appeals of Texas · 1939
  3. McAfee v. ChandlerCourt of Appeals of Texas · 1928

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