Legal Opinion

Neyland v. Neyland

Texas Supreme Court

Decided July 1, 1857PublishedCited by 13 opinions

Appeal from Jasper. Tried below before the Hon. Archibald W. 0. Hicks. The defendant proved payment of the $40. Defendant pleaded that the horse, for the value of which the plaintiff sued, was seized by writ of attachment at the suit of this defendant in the Parish of Calcassieu, in Louisiana, and that the title to said horse was then in controversy between plaintiff and defendant in the Court of that Parish, from which said attachment issued.

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Appeal from Jasper. Tried below before the Hon. Archibald W. 0. Hicks. The defendant proved payment of the $40. Defendant pleaded that the horse, for the value of which the plaintiff sued, was seized by writ of attachment at the suit of this defendant in the Parish of Calcassieu, in Louisiana, and that the title to said horse was then in controversy between plaintiff and defendant in the Court of that Parish, from which said attachment issued. Plaintiff proved that he loaned the horse, the value of which was variously estimated by the witnesses, from $75 to $150, to defendant to ride to the…

1Opinion of the Court

Hemphill, Ch. J.

This was an action by the plaintiff in error against the defendant, William M. Neyland, for the recovery of three demands, viz : one for seven hundred and fifteen dollars ; one for forty dollars ; and a third for the value of a horse, viz : one hundred and.fifty dollars.

The petition was filed on the 14th February, 1853, and the averments in relation to the first claim were to the effect, that about the 12th day of March, 1851, the defendant at, &c., accounted with the plaintiff, of and concerning divers sums of money, from the plaintiff to the defendant before that time due…

2Cases cited2 opinions

  1. Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
  2. Perkins v. HartSupreme Court of the United States · 1826

3Cited by13 opinions

  1. Gardner v. WatsonCalifornia Supreme Court · 1915
  2. Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
  3. Dodson v. WatsonTexas Supreme Court · 1920
  4. Perdue v. StateSupreme Court of Georgia · 1910
  5. Steger v. GreerCourt of Appeals of Texas · 1921

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