Booth v. Cotton
Texas Supreme Court
Appeal from Liberty. This is a suit against husband and wife, for three hundred dollars, alleged to be due for the collecting, keeping, managing and preserving the separate property of the wife. The petition is in the common form of a count for work and labor, &e.s stating the liability of defendants for the services as being rendered at their special instance and request, and that being so liable they promised, &e. There were but two witnesses.
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Appeal from Liberty. This is a suit against husband and wife, for three hundred dollars, alleged to be due for the collecting, keeping, managing and preserving the separate property of the wife. The petition is in the common form of a count for work and labor, &e.s stating the liability of defendants for the services as being rendered at their special instance and request, and that being so liable they promised, &e. There were but two witnesses. One of them, Moss, proved that plaintiff had gone from Liberty to Tyler county on the business of Elizabeth Gotten; that the amount charged was very…
1Opinion of the Court
Hemphill, Ch. J.
The second ground, viz: the refusal of the Court to submit the cause to the jury, when the defendant demurred to evidence, was very properly abandoned in the argument. The right of a party to demur to the evidence offered by the adverse party, can scarcely be considered an open question in this State. (Vide Turner v. Sayre, 4 Tex. R. 28; Mitchell & Mitchell v. Wright, Id. 283.)
There was no joinder in demurrer by the plaintiff, at least none appears on the transcript. A correct practice requires that there should be joinder in demurrer. To this a party may be compelled where…
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- Sommer v. KramerCourt of Appeals of Texas · 1934
- Pitt v. Texas Storage Co.Court of Appeals of Texas · 1892
- Fallin v. Williamson Cadillac Co.Court of Appeals of Texas · 1931
- Oster v. HeumanCourt of Appeals of Texas · 1930
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