Morris v. Coburn
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon J. M. Hall. This suit was originally brought by the appellee, T. H. Coburn, against the appellant, A. J. Morris, in a justice’s court in Bosque county, April the sixth, 1886. Morris gained the suit in the justice’s court, and Coburn appealed to the district court.
Read the full summary
Appeal from Bosque. Tried below before the Hon J. M. Hall. This suit was originally brought by the appellee, T. H. Coburn, against the appellant, A. J. Morris, in a justice’s court in Bosque county, April the sixth, 1886. Morris gained the suit in the justice’s court, and Coburn appealed to the district court. In the district court Coburn amended, claiming recovery from Morris of a cow and her increase since the year 1884, to wit; one sucking calf and one two year old, the three head of cattle alleged to be of the value of thirty-five dollars, Coburn sequestered the property and Morris…
1Opinion of the Court
Collard, Judge.
When a suit is brought, as in this case, for specific property, the judgment should be for the recovery of the property and in the alternative for its value. (Blakeley’s administrator v. Duncan, 4 Texas, 184, Cheatham v. Riddle, 8 Texas, 168; Hoeser v. Kreaka, 29 Texas, 450.)
The court below gave judgment for the value of the property only. There is no complaint by either party on this ae= *408count. The suit was for a cow and her increase, to wit, a calf and a two year old. It seems when the cow was taken into possession by defendant Morris she was about thrée years old. Plaintiff…
2Cases cited4 opinions
- Hoeser v. KraekaTexas Supreme Court · 1867
- Buckley v. BuckleyNevada Supreme Court · 1877
- Hamilton v. WardTexas Supreme Court · 1849
- Westmoreland v. MillerTexas Supreme Court · 1852
3Cited by7 opinions
- Lang v. DoughertyTexas Supreme Court · 1889
- Wade v. GouldSupreme Court of Oklahoma · 1899
- National Surety Co. v. OdleCourt of Appeals of Texas · 1931
- Carruth v. EasterlingMississippi Supreme Court · 1963
- Hickman v. AldridgeCourt of Appeals of Texas · 1929
2 more not listed; retrieve them via the Exa API.