Robertson v. Mosson
Texas Supreme Court
Appeal from Travis. Tried below before Charles L. Robards, Esq., Special Judge. This suit was originally in the form of an action of trespass to try title and for damages, instituted by the appellees, Elias Mos-son, Herman Mosson, and Hart Samuels, against Joseph Warren, on the 6th day of May, 1858. On June 11th, 1858, the appellant Robertson intervened, claiming a portion of the land sued for by the plaintiffs.
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Appeal from Travis. Tried below before Charles L. Robards, Esq., Special Judge. This suit was originally in the form of an action of trespass to try title and for damages, instituted by the appellees, Elias Mos-son, Herman Mosson, and Hart Samuels, against Joseph Warren, on the 6th day of May, 1858. On June 11th, 1858, the appellant Robertson intervened, claiming a portion of the land sued for by the plaintiffs. By agreement the case as between the plaintiffs and the defendant, Warren, was tried at the first term of the court, a jury waived, and the plaintiffs had judgment as against Warren.…
1Opinion of the CourtBell, J.
One of the errors assigned is, that the court permitted Thomas H. Mays to testify as a witness in the ease. This point seems to be abandoned by the counsel for the appellant, inasmuch as no reference is made to it in the brief. If the witness Mays had been incompetent because of interest, we think it very questionable whether his competency could have been restored by the execution of the bond by two of the plaintiffs below to indemnify him. We have seen no authority that would warrant such a course of proceeding. We are of opinion, however, that the witness was not incompetent. It is true,…
2Cases cited1 opinion
- Anderson v. StampsTexas Supreme Court · 1857
3Cited by15 opinions
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- Woods v. RobinsonTexas Supreme Court · 1883
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