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24 Tex. 216

Walton v. Hamilton

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Error from Travis. Tried below before the Hon. Alexander W. Terrell. William A. Hamilton, brought suit in the justice’s court, against George L. Walton, for $74.76, for the hire of two negroes, belonging to the plaintiff. On the trial, the plaintiff testified, that the defendant hired the slaves of him, and agreed to pay him for their services, the same amount that F. S. Roy had paid him for their hire.

Decided 1859-07-01

Roberts, J.

¶1We think there is no error shown in the record. The question of most importance, seems to be, whether or not, the court erred, in overruling the exceptions to the petition for certiorari. The evidence of Walton, as detailed in the petition, stops short of a full and satisfactory denial of the facts, sworn to by Hamilton. It should have shown, that he was liable to Roy for the hire of the negroes, so as to negative the existence of his liability to Hamilton, arising from the use of his slaves.

¶2Judgment affirmed.

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