Hicks v. Bailey
Texas Supreme Court
Appeal from Polk. Tried before the Hon. Peter W. Gray. Suit by appellee against William C. Hicks, on an account for goods sold and delivered, for hire of negro, for money paid as surety, and on several small promissory notes. The defendant died before answer, and his administratrix was made a party. Answer of general denial and general plea of statute of limitations to the whole account.
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Appeal from Polk. Tried before the Hon. Peter W. Gray. Suit by appellee against William C. Hicks, on an account for goods sold and delivered, for hire of negro, for money paid as surety, and on several small promissory notes. The defendant died before answer, and his administratrix was made a party. Answer of general denial and general plea of statute of limitations to the whole account. The general correctness of the account was proved, and the more important items were specifically proved. The defendant proved that the plaintiff had said that he had stopped crediting the intestate, in the…
1Opinion of the CourtWheeler, J.
There is no error in the instructions given, or in refusing those asked by the defendant. The law of the case, in its application to the evidence, was fully embraced in the general charge ; which was as favorable to the defendant, as the evidence warranted : and this was a sufficient reason for refusing the instructions asked by the defendant. They were rightly refused, for the further reason, that they asked the Court to assume, and give in charge to the jury, the law upon a different state of case from that which the evidence conduced to establish.
The Court was clearly right in holding,…
2Cases cited1 opinion
- Greiner's EstateSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Uvalde Nat. Bank v. BrooksCourt of Appeals of Texas · 1913
- Hurlock v. McLainTexas Commission of Appeals · 1881
- Sherwood v. JordanTexas Commission of Appeals · 1879
- Uvalde Nat. Bank v. BrooksCourt of Appeals of Texas · 1913
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