Gardner v. Spivey

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. John G. Scott. The appellee was plaintiff below, and his suit was for the purpose of enforcing a judgment recovered by him in May, 1866, against one Clarke, whose administrator was a co-defendant with the appellant Gardner. The opinion and the head-notes indicate the material facts involved in the rulings.

Decided 1872-07-01

Walker, J.

¶1The exception to the ruling of the •court, by which a jury was denied, is well taken. (Section 12, Article 1, Constitution of the State; Section 16, Article 5; Section 26, Article 5, ibid.)

¶2 *509The question raised under the third assignment for error has been settled in Moore v. Letchford, decided by a majority of the court at the present term. (See the numerous authorities therein cited.)

¶3We will not renew a discussion of the question at this time.

¶4The judgment of the district court is reversed and the cause remanded.

¶5Reversed and remanded.