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: 294
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294 COOK v. WOOTTERS. [Term of
Opinion of the Court.
Finding no error in the instructions of the court requiring a
reversal of the judgment, and no sufficient reason for disturbing
the verdict of the jury, the judgment is affirmed.
JOHN F. COOK v. J. C. WOOTTERS AND OTHERS.
PRACTICE. ERRONEOUS CHARGE NOT A SUFFICIENT GROUND OF REVERSAL-WHEN.
A charge in itself erroneous will not, in a civil cause, be
sufficient ground for a reversal when no exception is taken or countercharge
asked, unless it clearly appear that the jury was misled by
the charge given.
APPEAL from Houston. Tried below before the Hon. L. W.
Nunn & Williams, for appellant, cited Parsons on Partnership,
pp. 357, 358, and note; Watson v. Flannagan, 14 Texas, 354.
Jackson & Jackson, also for appellant, cited Story's Eq.
Jur., Sections 1229 and 1257.
IF. A. Stewart, for appellees.
DEVINE, J. The plaintiff, Cook, alleged in his petition that
I. M. E. W. Long and himself formed a partnership in 1865,
for the purpose of farming; that Long died in 1866, and plaintiff
managed the affairs of the concern until the close of that
year, when, after paying a portion of the crop raised on an
existing indebtedness, the balance, with the personal property,
was divided between himself and Mrs. Josephine Long, the
surviving wife of his former partner; that about that time the
land belonging to himself and Long's estate was, by agreement
of all parties interested, sold to the Laceys, and a draft
given by the Laceys on Took & Haden, of Galveston, for two
thousand four hundred and sixty-five dollars and twenty-fire
cents, which plaintiff asserts was to be paid him for the pur
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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.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/302/: accessed November 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .