Berry v. Godwin
Court of Appeals of Texas
Appeal from District Court, Henderson County; John S. Prince, Judge. Action by Thomas Berry against Kirby Godwin and others. From a judgment for defendants, plaintiff appeals. As commenced by appellant his suit was against appellees Perry Dethridge and Bertha Godwin (her husband, appellee Kirby Godwin, being joined pro- forma), to partition a tract of land containing, it was alleged, 213 acres, in Henderson county.
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Appeal from District Court, Henderson County; John S. Prince, Judge. Action by Thomas Berry against Kirby Godwin and others. From a judgment for defendants, plaintiff appeals. As commenced by appellant his suit was against appellees Perry Dethridge and Bertha Godwin (her husband, appellee Kirby Godwin, being joined pro- forma), to partition a tract of land containing, it was alleged, 213 acres, in Henderson county. In his original petition, filed August 16, 1913, appellant alleged that Perry Dethridge owned an undivided interest of about 20 acres, and that he (appellant) owned the remainder…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1, 2] The cause was tried in February, 1915, long after the judgment convicting appellant of the crime of murder had been affirmed by the Court of Criminal Appeals, and while he was confined in the penitentiary in accordance-to the sentence imposed upon him. The action of the court in sustaining the motion of appellees to suppress the deposition of appellant as a witness, taken October 15, 1913, on that ground, is assigned as error. The contention made in support of the assignment is that appellant was a competent witness at the time Ms deposition was…
2Cases cited3 opinions
- Moore Son v. MooreTexas Supreme Court · 1895
- Tillman v. FletcherTexas Supreme Court · 1890
- Webster v. MannTexas Supreme Court · 1881
3Cited by3 opinions
- Berry v. GodwinTexas Commission of Appeals · 1920
- In Re McLaren's EstateCourt of Appeals of Texas · 1920
- Lewis v. PowellCourt of Appeals of Texas · 1918