Paschal v. Dangerfield
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. The property involved in this long-protracted litigation was two leagues of land lying on the Salado, four or five miles east of the city of San Antonio. The present is the second suit between the parties which has been prosecuted to a trial upon the merits, and this is the second occasion on which this present suit has appeared in this court.
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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. The property involved in this long-protracted litigation was two leagues of land lying on the Salado, four or five miles east of the city of San Antonio. The present is the second suit between the parties which has been prosecuted to a trial upon the merits, and this is the second occasion on which this present suit has appeared in this court. In 1857, it was reversed and remanded (11 Texas, 536), and the report of that decision explains the attitude in which the case went back for .the new trial, which resulted in the present…
1Opinion of the CourtWalker, J.
In announcing the opinion at which we have arrived in this case, it would be unnecessary to follow, in their . due order, the assignments of error. Most of the material questions presented for our consideration are saved on the bills of exception, some of which we will notice in their order.
As to the first, we think the defendants were entitled to a trial by jury. An agreement to submit to the court the law and the facts in the case, made ten years before the trial, and subsequent to which material changes were made in parties as well as in the locus of the trial, should not have been…
2Cases cited8 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Taylor v. WatkinsTexas Supreme Court · 1863
- Biencourt v. ParkerTexas Supreme Court · 1864
- Paschal v. PerezTexas Supreme Court · 1851
- Smith v. PowerTexas Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. PalaciosCourt of Appeals of Texas · 1912
- Allen v. VineyardCourt of Appeals of Texas · 1919
- Ford v. Sutherland Springs Land & Town Co.Court of Appeals of Texas · 1913
- Clegg v. Temple Lumber Co.Court of Appeals of Texas · 1917
- Tex. & Pac. R'y Co. v. PollardCourt of Appeals of Texas · 1884
1 more not listed; retrieve them via the Exa API.