The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 17

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 17

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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. 1881 edition. Excerpt: ...verdict is well supported by the evidence. It is objected that there was no tender of the horses to the defendant at his place of residence. Such tender was not necessary to entitle the plaintiff to recover his damages, nor was it necessary to entitle him to a rescission of the contract that he should have offered to restore the property, it having been proved and found by the jury to be utterly worthless. But if such offer was necessary, it was made; the defendant did not object to the manner of it, but positively refused to take back the property. More could not be required of the plaintiff. The assignment of errors does not question the correctness of the judgment, and the appellant has nothing to complain of in the manner of its rendition. The petition prayed the delivery up and cancellation of the notes given the defendant for a part of the price of the purchase. But the answer of the defendant disclosed that he had already assigned and transferred the notes to a third person. They were transferred out of the power of the party and the court. The court could not act upon them. The only alternative relief which the court could award was granted, and rightly under the prayer for general relief. We are of opinion that there is no error in the judgment, and it is aflirmed. Judgment affirmed. (345) It was clearly error to take judgment (by default) at the same term after continuance of the cause, without having the continuance first set aside, but this is not assigned as error. Quoere, whether a return of citation, " not found," simply, is sufficient to authorize the issuance of a judicial attachment, the statute requiring that the return should be, that the defendant "is not to be found in his county." A judicial...
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236766113
  • 9781236766113