Wolf v. Wilhelm
Court of Appeals of Texas
Appeal from District Court, Menard County ; Clarence Martin, Judge. Action by Charles Wolf against Frank Wilhelm and others, in which part of defendants filed a cross-answer. From a judgment for defendants, plaintiff appeals.
1Opinion
On Motion for Rehearing.
JAMES, C. J.
We are of opinion that the affidavit of Mrs. Withrow, made in 1899, was properly excluded as evidence. We are also of opinion that the testimony by Sidon Harris of conversations with Mrs. Withrow, wherein she made the statements of heir-ship to him after he became attorney for her and her brothers and sisters in relation to lands in Fisher & Miller’s colony, did not render the declarations which Mrs. Withrow made to him admissible. He stated: “When I first had conversation with Mrs. Withrow, or rather 'Mrs. Sorley, as she was then, in which she told me of…
2Cases cited2 opinions
- Jamison v. DooleyTexas Supreme Court · 1904
- Morgan v. ButlerCourt of Appeals of Texas · 1900