D. & R. Meade v. Rutledge
Texas Supreme Court
Appeal from Bexar. Thomas P. Rutledge, the deceased testator, was employed by the Messrs. Meade in the capacity of an overseer, in the fall of 1847, and was by them discharged on the first of January, 1848. In July, 1848, he instituted this suit, alleging the contract to be for one year, and that he was to be paid' the sum of six hundred dollars, and to be furnished board and provisions for himself and wife during the term of the said year; that he had rented his own farm,…
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Appeal from Bexar. Thomas P. Rutledge, the deceased testator, was employed by the Messrs. Meade in the capacity of an overseer, in the fall of 1847, and was by them discharged on the first of January, 1848. In July, 1848, he instituted this suit, alleging the contract to be for one year, and that he was to be paid' the sum of six hundred dollars, and to be furnished board and provisions for himself and wife during the term of the said year; that he had rented his own farm, and left his cattle and other stock in the hands of other persons, and had removed with his wife to the plantation of the…
1Opinion of the Court
Hemphill, Ch. J.
We are of opinion that evidence of the time of the commencement of the contract was admissible under the pleadings. It was not specified in the writing, and consequently extrinsic proof became necessary.
Hor was there error in making the executor a party, after the close of the testimony. The object of the law was attained by having a party at the verdict and judgment. It would have been idle, after the party was formally made, to have caused the evidence to be again repeated to the jury.
The principal questions arising upon the assignments, and the arguments of counsel are,
1st.…
2Cases cited3 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jewell v. BlandfordCourt of Appeals of Kentucky · 1838
- Haggin's Administrator v. PriceCourt of Appeals of Kentucky · 1839
3Cited by15 opinions
- Howell v. KellyCourt of Appeals of Texas · 1976
- Hoffer Oil Corp. v. HughesCourt of Appeals of Texas · 1929
- San Antonio & A. P. Ry. Co. v. CollinsTexas Commission of Appeals · 1933
- Hearne v. GarrettTexas Supreme Court · 1878
- Pyron v. BrownfieldCourt of Appeals of Texas · 1922
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