O'Shea v. Twohig
Texas Supreme Court
Appeal from Bexar. Suit by John Twohig against F. B. O’Sliea, John Kicli, B. Callaghan, F. Gilbe.au, and J. B. Plummer, for entering upon the premises of (.lie petitioner in said county, and cutting and carrying invay, without plaintiff’s permission, five hundred cords of wood, of the value of fifteen hundred dollars, which they liad in possession and detained from said plaintiff, refusing to deliver it to him, although requested, which refusal to deliver and detention ot…
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Appeal from Bexar. Suit by John Twohig against F. B. O’Sliea, John Kicli, B. Callaghan, F. Gilbe.au, and J. B. Plummer, for entering upon the premises of (.lie petitioner in said county, and cutting and carrying invay, without plaintiff’s permission, five hundred cords of wood, of the value of fifteen hundred dollars, which they liad in possession and detained from said plaintiff, refusing to deliver it to him, although requested, which refusal to deliver and detention ot said wood by said defendants was to the manifest injury o£ the petitioner and to his damage three thousand dollars;…
1Opinion of the CourtLipscomb, J.
The first point presented for our consideration by the appellant’s brief, is tlie admissibility of tlie testimony' of a witness taken by interrogatories, whose residence was said to be in Bexar county, - but who *170had left for El Paso. It is contended that his testimony being only de bene esse, it should not have been received without affidavit that the witness was without tlie limits of the county at tlie time it was offered in evidence. The objection is predicated upon the proviso to article 817, Hart. Dig. It is in the following words: “Provided, that no deposition of a witness, except when…
2Cited by17 opinions
- Nelson v. KrusenTexas Supreme Court · 1984
- LeCroy v. HanlonTexas Supreme Court · 1986
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
- Dodson v. BuntonTexas Supreme Court · 1891
- White v. Texas Motor Car & Supply Co.Texas Commission of Appeals · 1921
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