Walton v. Cottingham

Decided January 15, 1868

Texas Supreme Court · decided 1868-01-15

The case was tried before Hon. J. J, Holt, one 'of the district judges. This was a suit'on the warranty of a slave; and, apart from the exclusion of evidence, the case turned upon the facts. The ground of excluding the evidence is not stated; but the presumption is that it was excluded because the evidence was as to soundness after, and not before the sale.

Cited by 1 later decisions — most recently March 1936

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

View the full empirical analysis of this case →

Morrill, C. J.

¶1The first error assigned is, that the depositions of A. H. Cook and wife were excluded. As these depositions go to show the situation of the health of the girl sometime after the sale, and cannot by any possibility establish her condition at the time of or previous to the sale, the judge did not err in excluding the same.

¶2The charge of the judge was full and correct, and as the testimony was conflicting and not unsatisfactory that the girl was diseased at the time of the sale, we cannot say that the verdict was contrary to evidence. The judgment is

¶3Aeeirmed.