Legal Opinion

Newman v. Dodson

Texas Supreme Court

Decided February 5, 1884No. Case No. 1654PublishedCited by 31 opinions

Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 19th day of January, 1875, B. F. Dodson instituted this suit in the district court of Washington county against appellants T. J. & G. W. Newman for $20,000 damages, for an assault alleged to have been committed by them. At the September term, 1875, T. J. & G. W. Newman answered by general and special demurrers, by general denial and special answer.

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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 19th day of January, 1875, B. F. Dodson instituted this suit in the district court of Washington county against appellants T. J. & G. W. Newman for $20,000 damages, for an assault alleged to have been committed by them. At the September term, 1875, T. J. & G. W. Newman answered by general and special demurrers, by general denial and special answer. Trial by jury, which resulted in a verdict and judgment for plaintiff for $1,500 actual damages against defendants jointly. The injury resulted over a bale of cotton…

1Opinion of the Court

Willie, Chief Justice.

— The first and second assignments of error are not well taken.

Whatever defect there may have been in the notice served upon George W. Newman was cured by service of a proper and legal notice as to the taking of the depositions upon T. J. Newman, attorney of record for both defendants, and who, as such attorney, filed cross-interrogatories to the witnesses.

The answer of the witness Richardson to the sixth interrogatory propounded to him, and of the witness Lipscomb to the seventh interrogatory to him, were legal so far as they gave the statements of Dodson as to his…

2Cases cited1 opinion

  1. Rogers v. CrainTexas Supreme Court · 1867

3Cited by31 opinions

  1. Heiligmann v. RoseTexas Supreme Court · 1891
  2. Norwich Union Indemnity Co. v. SmithTexas Commission of Appeals · 1929
  3. Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
  4. Herrin Transp. Co. v. PetersonCourt of Appeals of Texas · 1948
  5. International & Great Northern Railway Co. v. WoodwardCourt of Appeals of Texas · 1901

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