Gibbs v. Belcher
Texas Supreme Court
Error from Wood. The case was tried before Hon. Charles A. Erazer, one of the district judges. The judgment was rendered at the May term, 1860, and the writ of error issued on the 7th of August, of that year, and was returned to the Tyler session of 1861, and the transcript was filed 25th April, 1861. The facts of the case are sufficiently set forth in the opinion.
1Opinion of the CourtSmith, J.
Belcher sued Gibbs for an assault and battery, and recovered judgment for $>30 and costs of suit. Gibbs sued out this writ of error in this cause, and after that Belcher died, and Gibbs now moves the court to abate the suit and dismiss the cause, for the reason that the cause of action was a tort or an injury to the person of Belcher, and did not survive in favor of his representative.
A cause of action arising from a personal injury to a party in no way connected with a contract at common law dies with either party, and with it the remedy. Actio personalis m-oritur cum persorid. And we know…
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