Legal Opinion

Robertson v. Ephraim

Texas Supreme Court

Decided July 1, 1856PublishedCited by 15 opinions

Error frota Lavaca. Tried below before the Hon. Fielding Jones'. Suit by plaintiff in error against defendant in error. The petition alleged that one Isaac Ephraim, a resident of said county of Lavaca and State of Texas, is indebted to the petitioner in the sum of two thousand dollars, in this, that petitioner was heretofore, to-wit: on the 19th day of January, A. D., 1856, in the quiet and peaceable possession, in his own right, of a certain lot or parcel of goods, wares,…

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Error frota Lavaca. Tried below before the Hon. Fielding Jones'. Suit by plaintiff in error against defendant in error. The petition alleged that one Isaac Ephraim, a resident of said county of Lavaca and State of Texas, is indebted to the petitioner in the sum of two thousand dollars, in this, that petitioner was heretofore, to-wit: on the 19th day of January, A. D., 1856, in the quiet and peaceable possession, in his own right, of a certain lot or parcel of goods, wares, merchandize, &c., of the value of six hundred dollars, for a more particular description of which said lot of…

1Opinion of the Court

Hemphill, Ch. J.

Under Art. 688 (Sec. 29 of the Act to regulate proceedings in the District Court) defendants are required td file all pleas, whether of law or fact, at the same time, but in the due order of pleading ; and these, under Art. 691, are to be disposed of in the due order of pleading, under the direction of the Court. Whether an issue of fact on a plea in abatement, and one upon the merits, shall be submitted together to a jury, must be left in a great measure to judicial discretion. But when they present really distinct issues, the jury must be instructed to that effect, and that…

2Cited by15 opinions

  1. Empire Gas & Fuel Co. v. NobleTexas Commission of Appeals · 1931
  2. Union Pacific Fuels, Inc. v. Johnson, Texas Court of Appeals, 14th District (Houston)1995
  3. Schaff v. NashCourt of Appeals of Texas · 1917
  4. J. D. Hudgins & Bro. v. LowCourt of Appeals of Texas · 1906
  5. Watts v. McCloudCourt of Appeals of Texas · 1918

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