Legal Opinion

Neale v. Sears

Texas Supreme Court

Decided January 15, 1868PublishedCited by 6 opinions

Appeal from Cameron. The case was tried before Hon. Edward Dougherty, one of the district judges. There were many questions of practice raised which the chief justice disregarded, and considered only the equitable rights of the parties under the proofs. These facts are sufficiently stated in the opinion of the court.

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Appeal from Cameron. The case was tried before Hon. Edward Dougherty, one of the district judges. There were many questions of practice raised which the chief justice disregarded, and considered only the equitable rights of the parties under the proofs. These facts are sufficiently stated in the opinion of the court. This was an action for the recovery of two billiard tables and fixtures, embracing a sequestration of the same, brought by the appellee, as plaintiff below, against the appellant, Cowen, and one Lockman, Co wen holding and claiming through one White, as trustee, for the benefit…

1Opinion of the Court

Morrill, G. J.

—The controversy in this case is respecting the ownership of two billiard tables.

The appellee and one White, as partners, owned a billiard saloon, and on the 24th day of November, 1866, the partnership was dissolved, and notice thereof was published in the public papers, as follows:

“The partnership heretofore existing between David White and Stephen W. Sears is hereby dissolved from this date by mutual consent. Mr. White.will continue the business at the old stand.
“ Stephen W. Sears.
“David White.
“ Brownsville, Texas, November 24,1866.”

In the same paper, and the subsequent issue…

2Cited by6 opinions

  1. Seigal v. WarrickCourt of Appeals of Texas · 1948
  2. Shosid v. Hughes Tool Co.Court of Appeals of Texas · 1953
  3. Hunnicutt v. LeeTexas Commission of Appeals · 1931
  4. Dorsey v. KembleCourt of Appeals of Texas · 1920
  5. Hosack v. R. Darman & Co.Texas Supreme Court · 1875

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