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: 472
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472 WARREN V. WALLIS, LANDES & Co. [Term of
Statement of the case.
CHAS. E. WARREN, ADMINISTRATOR, V. WALLIS, LANDES & CO.
1. EVIDENCE. The mandate and opinion of the Supreme Court rendered in a
cause, cannot be admitted in evidence before the jury on a subsequent
trial of the same cause.
2. EVIDENCE. It is not competent for one witness to explain the evidence of
another, which has been read on the trial, with such explanations as he
himself gave on cross-examination.
3. EVIDENCE. No private settlement made between partners, after an attachment
has been levied on the interest of one, to secure an individual debt,
can be admitted in evidence against the attaching creditor, for the purpose
of proving the condition of accounts between the partners.
APPEAL from Galveston. Tried below before the Hon. A. P.
WVallis, Landes & Co. sued Oscar Sullivan in the District
Court of Galveston county, in debt for between one thousand
one hundred dollars and one thousand two hundred dollars,
and had attachment levied same day on merchandise belonging
to the firm of Sullivan & Green, to the extent of Sullivan's undivided
half interest therein, which undivided half interest
was shown by the sheriff's return to be nine hundred and fiftyone
dollars and ninety-nine cents, the whole amounting to one
thousand nine hundred and three dollars and ninety-eight cents.
On the 9th December, 1869, J. S. T. Green, the partner of
Sullivan, filed his claim to the goods, "in his individual ca'pacity,
and as a partner of the firm of Sullivan & Green."
Green died, and Charles E. Warren was made a party as administrator.
The trial of the right of property came up for
the first time in March, 1871, and resulted in a verdict for the
plaintiffs. New trial being granted, the case came on again
afterwards, and resulted as before, in a verdict for the plaintiffs.
New trial being refused, claimant appealed, and the case was
decided at the term of 1873, this court reversing and remanding.
Trial was had in lower court again, December 13, 1873,
which resulted as the other two trials, in a verdict for the plaint
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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/m1/480/: accessed August 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .