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The Texas Reports (Volume 75); Cases Argued and Decided in the Supreme Court of the State of Texas

The Texas Reports (Volume 75); Cases Argued and Decided in the Supreme Court of the State of Texas


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... authorize granting a new trial on the ground of newly discovered evidence, it must appear that the party seeking it has exercised proper diligence, and that the failure to produce the evidence on the trial was not due to any neglect on his part. The newly discovered evidence must also be material. It appears from the recitations of the release referred to that the plaintiff's minor ward inherited from her father a half interest in the land, which he held under parol contract of purchase, and that her interest was sold by authority of an order of the Probate Court, on a credit of one year, the purchase money note being secured by lien against the land, and that the purchase money note was paid to her guardian, and the instrument referred to was his release of the lien against the land. If the instrument would have proved that the minor ward of plaintiff had once owned a half interest in the land, it would also have proved that that interest had been disposed of, and that her estate received the proceeds. We think the motion for new trial was insufficient, both upon the ground of diligence and materiality of the newly discovered evidence, and that there was no error in overruling it. We find no error in the record, and are of opinion that the judgment of the court below should be affirmed. Affirmed. Adopted December 10, 1889. W. H. Davis Et Al. V. Rosedale Street Railway Company. No. 2667. Injunction Bond--Damages--Attorney Fees.--Upon the dissolution of an injunction the defendant can not recover upon the injunction hond fees paid to an attorney for legal services in procuring the dissolution, as damages. Appeal from Tarrant. Tried below before Hon. R. E. Beckham. The opinion states the case. Wynne d Stedman, for appellants.--In no case is a plaintiff in injuncti...


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Product Details
  • ISBN-13: 9781153892087
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 380
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1153892081
  • Publisher Date: 09 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 676 gr


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