Legal Opinion

Tally v. Thorn

Texas Supreme Court

Decided July 1, 1872PublishedCited by 5 opinions

Error from Smith. Tried below before the Hon. W. M. Taylor. There is no occasion to state other facts than those noticed by the court in its opinion.

1Opinion of the CourtEvans, P. J.

This was an action of trespass to try title, brought at the July term, 1863, of the District Court of Smith county, for the recovery of a league of land lying in the county of Smith, and also to recover damages.

At the Fall term, 1863, defendants put in a general demurrer and general denial, and continued the cause.

The record discloses no other order until the Spring term, 1869, at which term there was a judgment by default, and writ of inquiry, and a jury impanneled t<b assess the damages, who returned the following verdict: “We, the jury, find for the plaintiffs, damages at three thousand…

2Cases cited1 opinion

  1. Pierson v. BurneyTexas Supreme Court · 1855

3Cited by5 opinions

  1. Webb v. ReynoldsTexas Commission of Appeals · 1919
  2. FRYMIRE ENGINEERING COMPANY INC. v. GranthamTexas Supreme Court · 1975
  3. Aetna Casualty & Surety Co. v. RaposaCourt of Appeals of Texas · 1977
  4. Canon v. ScottCourt of Appeals of Texas · 1919
  5. Riley v. PalmerCourt of Appeals of Texas · 1923

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