Delmas v. Margo
Texas Supreme Court
Appeal from Starr. Tried below before the Hon. Edmund J. Davis. Suit by T. E. Delmas and brother against Robert Margo, for $443 32, on an account for goods, wares and merchandize. Defendant answered by a general denial.
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Appeal from Starr. Tried below before the Hon. Edmund J. Davis. Suit by T. E. Delmas and brother against Robert Margo, for $443 32, on an account for goods, wares and merchandize. Defendant answered by a general denial. On the trial the plaintiffs introduced as a witness Samuel J. Stewart, the sheriff of the county, who testified that when he served the process on the defendant, and executed the writ of attachment, the defendant said, “ take what there is in my store; it is all I intend to pay Del-mas.” That defendant then paid to one L. Pee $10, for which he brought to witness a receipt.…
1Opinion of the CourtBell, J.
We are of the opinion that the court erred in overruling the motion of the plaintiffs for a new trial. We think that the affidavit of the attorney of the plaintiffs in support of the motion, showed sufficiently that the attorney, without any lack of caution on his part, was misled by the witness Stewart. It is true that the affidavit does not state quite as distinctly as could be desired, that the attorney of the plaintiffs had interrogated the witness previous to his examination in court, as to the precise extent of the acknowledgment of indebtedness made by the defendant at the time of the…
2Cases cited1 opinion
- Wilson v. Brandon & ShanhonSupreme Court of Georgia · 1850
3Cited by7 opinions
- Whitfield v. DebrincatCalifornia Court of Appeal · 1937
- Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
- Dotson v. MossTexas Supreme Court · 1882
- Dempsey v. TaylorCourt of Appeals of Texas · 1893
- Wade v. De BernardiCalifornia Court of Appeal · 1970
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