Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 513
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.] GRIFFIN v. WAKELEE. 513
Statement of the case.
the subject can hardly be said to have afforded any means of
estimating general damage. As presented, the matter was very
much within the discretion of the jury, and we cannot say that
the court erred in refining to set aside their finding. (Irvin v.
Cooke, 24 Texas, 244.)
The judgment of the court directs that the credit of the
amount of plaintiff's bid, returned by the sheriff on the order
of sale, shall not stand as a credit upon the judgment, but that
said judgment stand without said credit for its full amount.
There were no pleadings to justify this part of the judgment,
nor were the administrators of Doxie's estate parties to the suit
asking such relief. Without reference to the propriety oi
making such an order in a proper case, we think it was im
proper in this case, and the judgment will, in this respect, be
reversed and reformed, so as to conform to this opinion.
Reversed and reformed.
(Justice Moore did not sit in this case.)
WILLIAM H. GRIFFIN V. DAVID WAKELEE.
MANDAMUS-APPEAL. A judgment of the District Court awarding a
peremptory mandamus for the restoration of the plaintiff to an office, is
superseded by an appeal to the Supreme Court.
APPEAL from Galveston. Tried below before the Hon. A. P.
McCormick.
Win. H. Griffin filed his petition in the District Court of
Galveston county, against David Wakelee, alleging that
Wakelee is the clerk of the said District Court; that on December
10, 1874, plaintiff had obtained judgment in said court
against; Martin H. Royston, adjudging the said Griffin to be
the clerk of the Criminal District Court for Galveston county,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/521/?rotate=90: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .