Legal Opinion

Moore v. Minerva

Texas Supreme Court

Decided July 1, 1856PublishedCited by 11 opinions

Appeal from Harrison. Tried before the Hon. W„ W. Morris. Suit by the appellees, by their next friend, against Obadiah Hendrick, administrator, with the will annexed, of Gabriel Moore, and William A Hill, to establish their freedom ; an amendment of the petition claimed pay for the services of said Mary Minerva.

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Appeal from Harrison. Tried before the Hon. W„ W. Morris. Suit by the appellees, by their next friend, against Obadiah Hendrick, administrator, with the will annexed, of Gabriel Moore, and William A Hill, to establish their freedom ; an amendment of the petition claimed pay for the services of said Mary Minerva. The suit was commenced Nov. 24th, 1852, and the ages of the children were then seven years, four years, and six months ; a fourth child, born during the pendency of the suit, was made a party by amendment. Gabriel Moore, being at the time a resident of Alabama, in 1841 or 1842 took…

1Opinion of the CourtLipscomb, J.

This suit was brought by Mary Minerva to recover the freedom of herself and her children, and to recover damages against the administrator of Moore ;—verdict and judgment in her favor; motion for a new trial overruled; and the administrator appealed to this Court. The errors assigned are,

First. The said cause was tried in December, 1855, at a time when the District Court had no power to hear and determine causes—at a time when no District Court could be holden.

Second. The Court erred in overruling the demurrer.

Third. The Court erred in striking out the special answers of the defendant.

Fourth..…

2Cases cited2 opinions

  1. James M'cutchen and Others v. James Marshall and OthersSupreme Court of the United States · 1834
  2. Aleck v. TevisCourt of Appeals of Kentucky · 1836

3Cited by11 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. StyronTexas Supreme Court · 1886
  2. Goldman v. BlumTexas Supreme Court · 1883
  3. Mayhew & Isbell Lumber Co. v. Valley Wells Truck Growers' Ass'nCourt of Appeals of Texas · 1919
  4. Blankenship v. Kanawha & M. Ry. Co.West Virginia Supreme Court · 1897
  5. Edinburg Irr. Co. v. LedbetterCourt of Appeals of Texas · 1922

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