Gaines v. Hindman
| Decision Date | 09 May 1903 |
| Citation | 74 S.W. 583 |
| Parties | GAINES v. HINDMAN. |
| Court | Texas Court of Appeals |
Appeal from Palo Pinto County Court; W. F. Martin, Judge.
Action by W. H. Gaines against T. C. Hindman. From a justice's judgment in favor of plaintiff, reversed on appeal to the county court, plaintiff appeals. Reversed.
C. W. Massie and J. H. Bowman, for appellant. W. E. McConnell, for appellee.
Appellant, who was constable of a precinct, sued appellee, who was the sheriff of Palo Pinto county, to recover a portion of a reward paid to the latter by the United States government for the arrest and conviction of certain persons who had robbed a post office in that county. The cause was first tried in the justice court, where appellant had judgment, and subsequently appealed to the county court, where the judgment was for appellee, and the constable appeals.
We are inclined to think the county judge who tried the case was disqualified under article 1129 of Sayles' Ann. Civ. St. 1897. At the request of the sheriff's deputy, the county judge prepared a motion for new trial in behalf of appellee in the justice court, and, while he states that he knew nothing of the facts of the case, and of course did not understand that he was the counsel of appellee, nevertheless he was to that extent performing the functions of counsel, and the courts should not be required to investigate the extent of the services of one who thus acts in that capacity.
The judgment, however, must be reversed because of the error of the court in instructing the jury to find for the defendant if they found the plaintiff had abandoned the chase of the robbers, because there is no evidence in the record which would authorize the inference that plaintiff had abandoned the chase. The other matters complained of present no error.
The judgment is reversed, and the cause remanded.
To continue reading
Request your trial
-
Burguieres v. Farrell
...83 S. W. 1124; Durham v. State, 58 Tex. Cr. R. 143, 124 S. W. 932; Johnson v. Johnson (Tex. Civ. App.) 89 S. W. 1102. In Gaines v. Hindman (Tex. Civ. App.) 74 S. W. 583, this was "Appellant, who was constable of a precinct, sued appellee, who was the sheriff of Palo Pinto county, to recover......
-
Hidalgo County Water Control and Imp. Dist. No. 1 v. Boysen
...304 S.W.2d 687; Kruegel v. Williams, Tex.Civ.App., 194 S.W. 683; Johnson v. Johnson, Tex.Civ.App., 89 S.W. 1102; Gaines v. Hindman, Tex.Civ.App., 74 S.W. 583. Judge Laughlin later entered his order 1 relating to the same matter. Appellants urge that he too was disqualified, and, further, th......