Gaine v. Ann
Texas Supreme Court
Appeal from McLennan. Tried below before J. E. Davie, Esq., special judge. The facts of this case sufficiently appear in the opinion and in the former report of this cause in 17th Texas Reports, 211. Upon this trial, as on the former one, the jury found a verdict "in favor of the freedom of the appellee. A new trial being refused to the appellant, he appealed again.
1Opinion of the CourtMoore, J.
The appellant having by agreement, (if it were not otherwise the case,) taken upon himself the burthen of proof, was, by the 3d rule adopted by the Supreme Court at the January Term, 1840, for the District Courts, entitled to open and conclude the argument to the jury. (Latham v. Selkirk, 11 Tex., 315.) And the ruling of the court in this particular must therefore be held erroneous. But yet it is hardly such an error as would require *341a reversal of the judgment, if no apparent injury had resulted from it to appellant, and the judgment was in other respects unexceptionable.
The objection of…
2Cases cited1 opinion
- Gaines v. AnnTexas Supreme Court · 1856
3Cited by5 opinions
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- McFaddin v. PrestonTexas Supreme Court · 1881
- Mayfield v. SonCourt of Appeals of Texas · 1925
- Rio Bravo Oil Co. v. Staley Oil Co.Court of Appeals of Texas · 1940
- Dennis v. Sanger Bros.Court of Appeals of Texas · 1897