The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 9

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 9

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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. 1883 edition. Excerpt: ...far take effect as to authorize immediate measures for organization being' taken, and authorized the chief justice of the nearest county to proceed to complete the organization. Until that was completed, the jurisdiction of the mother county remained in full force. This is the result of necessity, and grows out of the principles _0f our Constitution, that guarantees to every citizen equal privileges. We believe, therefore, 342 that the old jurisdiction remained in full force until the organization of the new one, and that the severance of the new county from the old was not completed until the organization of the new one. The jurisdiction of Bexar county continued unimpaired until the organization of Kinney county was completed.. Ve can perceive no objection to the joinder of the several defendants in this action. It is our practice to join all who are supposed to be liable, although their liability may have accrued in difi'e1-ent ways; and if the evidence should not fix the liability of one or more so joined. such defendant would be entitled to a verdict in his favor. The jury in this case rendered a verdict against all of the defendants. " The appellants contend, that as it was in proof that the defendants had parted with the wood, before the suit was commenced, to the United States, there was such a variance between the allegations and the proof that the plaintiff was not entitled to a recovery. The suit was brought for the wood, and the doctrine of the action of (1;-tinue must govern it. Although we do not acknowl-. edge the common-law forms of action, yet, when property is sued for, the principles of law defining and governing that action must be resorted to, we having adopted the common law, without its forms of action....
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Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236909968
  • 9781236909961