Atkinson v. Wilson
Texas Supreme Court
Appeal from Austin. The case was tried before Hon. Isaac B. McFarland, one of the district judges. It was one of those fact suits, enough of whose history is given by the court.
1Opinion of the CourtLindsay, J.
—Of the results of this case, on the trial in the district court, after a full survey of the pleadings and. the proof, we feel well assured the appellant has no just cause to complain. The weight of the testimony, including the excluded deposition of one of the appellant’s witnesses, which is assigned as the chief ground of error, greatly *644preponderated in favor of the defendants; and on the plea in reconvention, if there had heen a finding in their favor upon that plea, we would have felt great .hesitancy in disturbing the verdict, notwithstanding the error of the court in excluding the…
2Cited by4 opinions
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- I. & G. N. & M. P. Ry. v. KindredTexas Supreme Court · 1882