Walton v. Hamilton

Texas Supreme Court

Walton v. Hamilton

24 Tex. 216

DecidedJuly 1, 1859

StatusPublished

This text of 24 Tex. 216 (Walton v. Hamilton) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walton v. Hamilton, 24 Tex. 216 (Tex. 1859).

Pincite

Opinion

Roberts, J.

We think there is no error shown in the record. The question of most importance, seems to be, whether or not, the court erred, in overruling the exceptions to the petition for certiorari. The evidence of Walton, as detailed in the petition, stops short of a full and satisfactory denial of the facts, sworn to by Hamilton. It should have shown, that he was liable to Roy for the hire of the negroes, so as to negative the existence of his liability to Hamilton, arising from the use of his slaves.

Judgment affirmed.

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Roberts, J.

We think there is no error shown in the record. The question of most importance, seems to be, whether or not, the court erred, in overruling the exceptions to the petition for certiorari. The evidence of Walton, as detailed in the petition, stops short of a full and satisfactory denial of the facts, sworn to by Hamilton. It should have shown, that he was liable to Roy for the hire of the negroes, so as to negative the existence of his liability to Hamilton, arising from the use of his slaves.

Judgment affirmed.

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Bluebook (online)

24 Tex. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-hamilton-tex-1859.