Erskine v. Wilson
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. This case was formerly reversed and remanded by this, court, see Erskine v. Wilson, 20 Tex. Hep., 77, to which reference is made for a statement of the case and the facts adduced on the .former trial. Three other trials were had, and judgments for plaintiff. On the last trial, the same facts were introduced in evidence as on the trial in which the judgment was rendered that was reversed as above stated.
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Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. This case was formerly reversed and remanded by this, court, see Erskine v. Wilson, 20 Tex. Hep., 77, to which reference is made for a statement of the case and the facts adduced on the .former trial. Three other trials were had, and judgments for plaintiff. On the last trial, the same facts were introduced in evidence as on the trial in which the judgment was rendered that was reversed as above stated. The death of the payee of the noté, and that the assignor was his heir and legal representative, were also in proof. The other…
1Opinion of the CourtBell, J.
There is nothing in the record to show that the demurrer filed on the 11th day of May, 1858, to the second amended petition of the plaintiff, was acted on by the court below-, and we-might properly decline to notice the argument of counsel in support of the proposition, that the court below erred in overruling the said demurrer. But as we infer from the whole record that the court below did overrule the demurrer, as the question upon the demurrer, if left undecided, would arise upon another trial, we think proper to express the opinion that the court below did not err in overruling the…
2Cases cited1 opinion
- Morrison v. WalkerTexas Supreme Court · 1858
3Cited by5 opinions
- Phipps v. ReedCourt of Appeals of Texas · 1949
- Dech v. Daniel, Mann, Johnson & Mendenhall, Texas Court of Appeals, 1st District (Houston)1988
- Wunsch v. Burlington State BankCourt of Appeals of Texas · 1922
- Dech v. Daniel, Mann, Johnson & Mendenhall, Texas Court of Appeals, 1st District (Houston)1988
- Wunsch v. Burlington State BankCourt of Appeals of Texas · 1922