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: 439
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1875.] ROGERS v. RAGLAND. 439
Opinion of the Court.
1. The verdict is contrary to the evidence.
2. The verdict is contrary to the law.
3. The jury disregarded the instructions of the court.
4. The verdict is not responsive to the issues presented in
5. The jury were misled by a misunderstanding of the instructions
of the court.
6. The judgment entered is not authorized by the verdict.
7. The judgment is not authorized by the law.
Tile motion being overruled both defendants excepted and
gave notice of appeal, and assign separate grounds for error in
the judgment and proceedings of the court.
Defendant Brownson assigns errors as follows;
1. The court erred in striking out the special matters pleaded
by the defendant.
-2. The court erred in sustaining the demurrer of the plaintiff
to that part of the defendant's answer which set up the purchase
of the property in controversy by the defendant Brownson,
in which he pleaded the several orders and decrees of the
Probate and District Courts of Victoria county, in bar of plaintift's
action for land purchased by Brownson.
3. The court erred in overruling the motion of defendants
for a new trial upon the grounds set out in said motion.
G. F. Rogers, administrator of Ragland, assigns as errors to
1. The court erred in sustaining the exceptions of plaintiff to
all of this defendant's original answer, except the general
2. The court erred in sustaining the exceptions of plaintiff
to part of this defendant's amended answer.
3. In overruling the motion for a new trial.
Under the ruling of the court, the sale of the land to the defendant
Brownson, under the order of the County Court, was
not presented for the consideration of the jury. The question
submitted to the jury was'whether the lots, 0, P, and W, and
the fractional lot, are town-lots or not, and if so whether they
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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/m1/447/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .