Jones v. Widow & Heirs of McCoy
Texas Supreme Court
— Appeal from Gonzales County. The appellees filed in the district court two petitions; the first on the 29th, and the other on the 30th of August, 1844. To the first Levi Jones was made defendant, and the legal representatives of Peter W. Grayson were made defendants to the other.
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— Appeal from Gonzales County. The appellees filed in the district court two petitions; the first on the 29th, and the other on the 30th of August, 1844. To the first Levi Jones was made defendant, and the legal representatives of Peter W. Grayson were made defendants to the other. Both suits seem to have had in view the same object — the rescission of a contract of sale of a league of land — and they were subsequently consolidated by order of court and proceeded as one suit. The following seems to have been intended by the plaintiffs as the substantive averments of their petitions, in which…
1Opinion of the CourtJustice Wheeler
The consideration of the questions presented by the record before us will relate to,
1. The ruling of the court in respect to the admission of evidence..
2. The sufficiency of the evidence to support the verdict.
1. The question propounded to the witness, McCoy, was, we think, a proper question, and one which the witness ought to have been required to answer, as going, not to the competency, but to the credibility of the witness. The competency of a witness is always a question for the court, and his credibility for the jury. [5 Mass. R. 219, 229; 17 id. 160, 169.] And as the credibility of the…
2Cases cited2 opinions
- Amory v. FellowesMassachusetts Supreme Judicial Court · 1809
- Magehan v. ThompsonSupreme Court of Pennsylvania · 1845
3Cited by8 opinions
- McManus v. WallisTexas Supreme Court · 1880
- O'Brien v. First State Bank & Trust Co. of TaylorCourt of Appeals of Texas · 1922
- Estell v. ColeTexas Supreme Court · 1884
- Ferguson Seed Farms, Inc. v. McMillanTexas Commission of Appeals · 1929
- Ft. Worth & D. C. Ry. Co. v. YantisCourt of Appeals of Texas · 1916
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