The Texas Civil Appeals Reports Volume 45

The Texas Civil Appeals Reports Volume 45

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


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. 1909 edition. Excerpt: ...conversion charged, and if appellee chose to waive the tort and sue for the conversion and upon the implied promise, he could do so. And inasmuch as the plaintiff alleged the specific number and value of the converted property and that appellant was a nonresident, he was authorized to sue by attachment, as he did, in the proper court of this State. (Rev. Stats., art. 186, clause 2; and art. 1194, clause 3; Felker v. Douglass, 57 S. W. Rep., 323; Gould v. Baker, 12 Texas Civ. App., 670.) The issue of an express promise is therefore immaterial, particularly in view of the fact that the court did not submit it as a ground of recovery. The special charge referred to in the third assignment to the effect that the verdict should be for appellant in event the jury were unable to determine "how many of said sheep and how much of said wool" had been converted, is inapplicable to the facts of this case and would have been misleading. Appellee's evidence was undoubtedly such as to enable the jury to find' that not less than a specified number of sheep and a certain number of pounds of wool, having a distinct market value. had been converted by appellant as alleged, and for this appellee was entitled to recover, notwithstanding his failure to show the precise extent of a probably greater loss., For the purpose of impeaching certain of-appellee's witnesses appellant sought to show that they conducted or were habitues of a disreputable dancing aggregation in New Mexico. No authorities, however, are cited in opposition to the court's rulings in excluding this testimony, and we think he properly did so. In the remaining assignments it is urgently insisted that the evidence fails to support the verdict. While voluminous and...
show more

Product details

  • Paperback | 402 pages
  • 189 x 246 x 21mm | 717g
  • United States
  • English
  • black & white illustrations
  • 1236791096
  • 9781236791092