Du Bose v. Battle
| Decision Date | 19 February 1896 |
| Citation | 34 S.W. 148 |
| Parties | DU BOSE v. BATTLE. |
| Court | Texas Court of Appeals |
Appeal from Falls county court; William Shelton, Judge.
Action by Eva Battle against O. E. Du Bose. Plaintiff had judgment, and defendant appeals. Reversed.
Martin & Eddins, for appellant.
The verdict of the jury is obscure and uncertain in meaning. It cannot be told from the verdict what amount the plaintiff is entitled to, unless we look to the evidence showing the value of the cotton. We cannot aid the verdict by looking to the evidence. For the error pointed out, the judgment will be reversed. In view of another trial, we suggest that it would be proper in the court, in stating the issues to the jury, to set out the theory of the case made by the plaintiff's pleadings and the evidence tending to establish it. In response to the objection urged to the charge complained of in the second assignment, we are of the opinion that the landlord may sue out his distress warrant when the property upon which the lien exists is wrongfully removed from the premises, although the rent is not due. The charge complained of will, upon another trial, doubtless, be modified to this extent. Reversed and remanded.
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Missouri, K. & T. Ry. Co. of Texas v. Pace
...22 Tex. Civ. App. 609, 55 S. W. 514; Waco Cement Stone Works v. Smith, 162 S. W. 1158; Railway v. McClellan, 173 S. W. 258; Du Bose v. Battle, 34 S. W. 148. Article 6649, Vernon's Sayles' Texas Civil Statutes, provides that in the event of contributory negligence in this kind of a case, "th......
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Hunt v. Merchandise Mart, Inc.
...issuance of a distress warrant if the tenant is about to remove his property from the leased building, and it was held in Du Bose v. Battle, Tex.Civ.App., 34 S.W. 148, that it can issue even though no rent is actually due, it was also held in Miller v. Lancaster, Tex.Civ.App., 41 S.W. 198, ......
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Kirby v. Panhandle & G. Ry. Co.
...not authorize judgment for any amount whatever, and that the court looked beyond it in entering the judgment he did. Du Bose v. Battle (Tex. Civ. App.) 34 S. W. 148; Galveston, H. & S. A. Ry. Co. v. Botts (Tex. Civ. App.) 55 S. W. 514; Oriental Investment Company v. Barclay (Tex. Civ. App.)......