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25 Tex. 354

Dalby v. Murphy

Texas Supreme Court

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Error from Titus. Tried below before the Hon. W. S. Todd, The plaintiff in- error instituted suit in a justice’s court against the defendant in error, on an account for fifty dollars, and a note for twenty-three dollars and seventy-five cents-. The defendant pleaded in set-off, payment of the note and account by the sale and delivery to the plaintiff of a horse at the price of one hundred and twenty-five dollars, and prays judgment for the balance due him.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

How this case has been cited

Cited by 7 later decisions — most recently October 1981

7 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, J.

¶1We are of opinion that there is no error in the judgment of the court below for which the same ought to be reversed. The evidence was such as authorized the jury to find that the plaintiff in the court below was indebted to the defendant for the balance, of the price of the horse. The evidence showed a sale of the horse by the defendant to the plaintiff. The terms of the sale, and the delivery of the horse by the defendant, were sufficiently established. There is no soundness in the objection that the court erred in entertaining the defendant’s plea of set-off, because the price of the horse was a sum not within the jurisdiction of the justice of the peace, from whose court the cause was removed by certiorari. The price of the horse, as agreed upon by the parties, was over one hundred dollars, but the amount pleaded in set-off by the defendant was only a balance of fifty dollars remaining unpaid. The defendant’s claim against the plaintiff was within the jurisdiction of the justice of the peace. (See Swigley v. Dickson, 2 Tex., 192; Duer v. Seydell, 20 Tex., 61; Davis and Wife v. Pinckney, 20 Tex., 340.)

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.-

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