Legal Opinion

Berry v. Blankenship

Texas Supreme Court

Decided October 15, 1867PublishedCited by 6 opinions

Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. On the 4th of Hovember, 1861, the judgment was rendered for Berry against Blankenship, for recovery of certain negroes, with an alternative for money.

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Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. On the 4th of Hovember, 1861, the judgment was rendered for Berry against Blankenship, for recovery of certain negroes, with an alternative for money. On the 10th of December, 1861, the defendant filed Ms appeal bond, and on the 15th of October, 1866, the clerk certified the judgment for affirmance, under the 7th section of the act 11th February, 1850. (Paschal’s Dig., Art. 1589, Hote 616.) The question was upon the right to affirm the judgment without reference to the merits.

1Opinion of the CourtMorrill, C. J.

In this case plaintiff recovered a judgment against defendant for two slaves: named Peter, of the value of $1,000, and John, of the value of $1,200, and $200 attorneys’ fees, and $45 for hire of said slaves, and if the possession of said slaves cannot be had, then a judgment for $2,200. Judgment rendered 19th Hovember, 1861.

Motion for new trial overruled, and notice of appeal given, and bond perfected 10th December, 1861.

*381Certificate of judgment, &c., demanded 18th October, 1866, and filed in this court 22d October, 1866.

As the succeeding term of the Supreme Court, with reference to the…

2Cited by6 opinions

  1. Laughlin v. DabneyTexas Supreme Court · 1893
  2. Chambers v. GrishamCourt of Appeals of Texas · 1913
  3. Fontana v. T. S. Reed Grocery Co.Court of Appeals of Texas · 1919
  4. Holland v. Brown McFarlandCourt of Appeals of Texas · 1912
  5. Ross v. CantrellCourt of Appeals of Texas · 1925

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