Mills v. Hackett
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. This was a suit by sequestration, instituted by John Haokett, in justice court of Fort Bend county, against M. J. Mills, on July 18, 1881, to recover a certain mule described in the affidavit for sequestration, or for its value. The writ was executed July 19, 1881, and, on the following day, Mills replevied the mule, giving bond, with J. W. Blakely and H. M. Bose as sureties.
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Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. This was a suit by sequestration, instituted by John Haokett, in justice court of Fort Bend county, against M. J. Mills, on July 18, 1881, to recover a certain mule described in the affidavit for sequestration, or for its value. The writ was executed July 19, 1881, and, on the following day, Mills replevied the mule, giving bond, with J. W. Blakely and H. M. Bose as sureties. On September 27, 1881, the case was tried in justice court, and judgment rendered for plaintiff. Defendant appealed to the county court, whence the cause…
1Opinion of the Court
Willie, Chief Justice.
The court, in its general charge, instructed the jury to the effect that if there was a substantial mis*582description of the mule in the plaintiff’s affidavit, they should find for the defendant. This properly left to the jury the question as to what was a substantial misdescription. This was a question of fact; and the court had no right to tell the jury that a variance between the brand described in the affidavit and that found upon the mule would amount to a misdescription, if the jury were satisfied that in all other particulars the animal was correctly described, and…
2Cited by16 opinions
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- Coward v. SutfinCourt of Appeals of Texas · 1916
- Clayton v. StephensonCourt of Appeals of Texas · 1923
- Hawkins v. First Nat. Bank of CanyonCourt of Appeals of Texas · 1915
- Smith v. Citizens' Nat. BankCourt of Appeals of Texas · 1922
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