G. W. Thompson & Co. v. Miller

Texas Commission of Appeals

G. W. Thompson & Co. v. Miller

1 White & W. 623

CourtTexas Commission of Appeals

DecidedJune 22, 1881

DocketNo. 2031, Op. Book No. 2, p. 370

StatusPublished

This text of 1 White & W. 623 (G. W. Thompson & Co. v. Miller) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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G. W. Thompson & Co. v. Miller, 1 White & W. 623 (Tex. Super. Ct. 1881).

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Opinion

Opinion by

Quinan, J.

§ 1109. Opinion of ivitness not competent to prove damage. In an attachment suit, a witness for defendant ■was permitted to testify, over objections made by plaintiff, that, in the opinion of witness, the defendant had been damaged $1,000 by reason of the suing out of the attachment. Held, that this was error for which the judgment must be reversed. The opinion of a witness as to the amount of damage sustained is not admissible. The general rule which pervades all our law is, that the witness is to testify only to facts; his opinion is not to be given, for it is the opinion of the jury on the testimony which forms the verdict and decides the case. [Clardy v. Callicoate, 24 Tex. 172; 2 N. Y. 514; 2 Allen, 428; 2 Sedgwick on Dam. 632.]

Eeversed and remanded

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Opinion by

Quinan, J.

§ 1109. Opinion of ivitness not competent to prove damage. In an attachment suit, a witness for defendant ■was permitted to testify, over objections made by plaintiff, that, in the opinion of witness, the defendant had been damaged $1,000 by reason of the suing out of the attachment. Held, that this was error for which the judgment must be reversed. The opinion of a witness as to the amount of damage sustained is not admissible. The general rule which pervades all our law is, that the witness is to testify only to facts; his opinion is not to be given, for it is the opinion of the jury on the testimony which forms the verdict and decides the case. [Clardy v. Callicoate, 24 Tex. 172; 2 N. Y. 514; 2 Allen, 428; 2 Sedgwick on Dam. 632.]

Eeversed and remanded

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1 White & W. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-w-thompson-co-v-miller-texcommnapp-1881.

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