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25 Tex. 205

Smith v. Huizar

Texas Supreme Court

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

The case was tried before Hon. Thomas J. Devine, one of the district judges. Pablo Huizar and others sued Thomas A. Smith and others for trespass, with force and arms, upon land, and prayed for damages. The defendants plead the general denial, and the limitation of five and ten years.

Cited by 2 later decisions — most recently February 2000

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-10-15

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Roberts, J.

¶1—The jury assessed damages in the sum of $650. The statement of facts does not contain a particle of evidence relating either to the value of rents and profits, use and occupation, or to the amount of damages done by any trespass upon,the land, or to any aggravating circumstances, malicious or oppressive acts, connected with any trespass. There is, therefore, no foundation laid or data furnished for the assessment of damages, other than nominal. Eor this reason the verdict must be set aside, and the judgment reversed, and the cause remanded.

¶2The state of the case, as exhibited in the transcript, will not require a decision upon any other question.

¶3Reversed and remanded.

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