Arnold v. Williams
Texas Supreme Court
Error from Titus. Tried below before Hon. W. S. Todd. Suit by Williams and wife, to recover nine head of cattle, commenced in Justice’s Court, where judgment was rendered in their favor for the value of the cattle, $63 and costs, amounting to $126 11. Removed to District Court by certiorari, where a like judgment was rendered.
Read the full summary
Error from Titus. Tried below before Hon. W. S. Todd. Suit by Williams and wife, to recover nine head of cattle, commenced in Justice’s Court, where judgment was rendered in their favor for the value of the cattle, $63 and costs, amounting to $126 11. Removed to District Court by certiorari, where a like judgment was rendered. Plaintiff -in error claimed the property as assets of the estate of Samuel Mc-Corry, deceased, of whose estate she was administrator, and as such had given bond in the sum of one hundred and twenty dollars. Plaintiff in error moved for a new trial, and filed an…
1Opinion of the CourtRoberts, J.
There is no statement of facts or bill of exceptions. The error complained of is presented only by an affidavit, alleging surprise on account of some of the evidence adduced on the trial, filed for the purpose of obtaining a new trial.
The importance of that testimony cannot be determined in the absence of a statement of facts. If we are to presume that every thing was proved which was susceptible of legal proof, the case may have been fully made out, by other evidence than that by which the party was surprised. (Walling v. Kinnard, 10 Tex. R. 512 ; Hart. Dig., Art. 2930.)
After the writ of…
2Cited by4 opinions
- Chapman v. J. W. Beltz & Sons Co.West Virginia Supreme Court · 1900
- G. H. Pearce & Co. v. Tootle, Hosea & Co.Court of Appeals of Texas · 1889
- New York Life Insurance Co. v. HerbertCourt of Appeals of Texas · 1907
- White v. GloverCourt of Appeals of Texas · 1902