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The Texas Reports; Cases Adjudged in the Supreme Court Volume 37

The Texas Reports; Cases Adjudged in the Supreme Court Volume 37


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...the parties, was the very controlling one, as to whether the bridge had been so built, and within the time stipulated. The burden of proof was upon the plaintifi Cooper. The two verdicts and judgments in the justice s court, and the verdict in the District Court on these issues were all in favor of the defendant McCrimn1in. Under this state of the case, we repeat the question, What judgment could the District Court rightfully have rendered? Unhesitatingly we answer, either to have given judgment for the defendant, McCrimrniu, on the verdict in his favor, or if it had been considered that the court had erred in the law of the case, or that the jury had found contrary to the evidence, to have granted a new tiial. (See strong case directly in point, Love 0;. Barber, 17 Texas, 321.) And it will be remembered that, by repeated decisions of this court, to entitle a party to a new trial the verdict must be clearly wrong--it is not enough that it is not clear that it is right. Certainly the district judge could not have set aside the verdict of the jury in favor of Me-Crimmin, and given judgment against him; and if that court, which had original jurisdiction of the case, and discretionary powers in granting new trials, could not do this, surely it will not seriously be contended that a court having merely appellate jurisdiction had this power. Long cfi Oatma/n, for appellee. WALKER, J. Should this court render a judgment in any cause over which it had not jurisdiction, there can be no doubt but such judgment would be void, and might be attacked or Opinion of the Court. set aside in any court of competent jurisdiction. But the proposition upon which this case has proceeded is a very different one. It is not necessary for us to argue that the...


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Product Details
  • ISBN-13: 9781234135058
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 282
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1234135051
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 508 gr


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