Blum v. Rogers
Texas Supreme Court
Appeal from Hopkins. Tried below before Hon. J. A, B. Putman. This suit was originally filed by T. S. Rogers and Mary Rogers, his wife, to' remove cloud from the title to certain property in the town of Sulphur Springs, sold under execution in favor of appellants against J. S. Rogers, and bought by Hyman Blum, one of the appellants.
Read the full summary
Appeal from Hopkins. Tried below before Hon. J. A, B. Putman. This suit was originally filed by T. S. Rogers and Mary Rogers, his wife, to' remove cloud from the title to certain property in the town of Sulphur Springs, sold under execution in favor of appellants against J. S. Rogers, and bought by Hyman Blum, one of the appellants. The execution under which the sale was made was issued January 12, 1882. It went into the hands of the sheriff of said county, who, at the instance of Hunter, attorney for plaintiffs, levied the same upon the lots in controversy in this suit, as well as upon other…
1Opinion of the Court
Walker, Associate Justice.
Article 1328 of Revised Statutes provides that “the verdict of a jury is either a general or a special verdict.” Accordingly the courts have condemned the practice of submitting the general issue or issues together with special issues to the jury. But where the findings upon the special issues support the general verdict and but the one judgment, in drawing from such facts so found the conclusions of law, and upon the general verdict, can be rendered, such irregularity has been held immaterial. (Heflin v. Burns, 8 S. W. R., 48; 70 Texas, 347.)
In this case, the…
2Cases cited9 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Parker v. G. Y. Coop.Texas Supreme Court · 1883
- Yeary v. SmithTexas Supreme Court · 1876
- Paxton v. MeyerTexas Supreme Court · 1886
- Wright v. DailyTexas Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Needham v. CooneyCourt of Appeals of Texas · 1915
- Blum v. RogersTexas Supreme Court · 1890
- Mendenhall v. WaltersSupreme Court of Oklahoma · 1916
- Grigsby v. MayTexas Supreme Court · 1892
- Drake v. Davidson & BaileyCourt of Appeals of Texas · 1902
36 more not listed; retrieve them via the Exa API.