Texas Supreme Court, 1859

Herbert v. Butterworth

Herbert v. Butterworth
Texas Supreme Court · Decided July 1, 1859 · Wheeler
23 Tex. 250

Herbert v. Butterworth

Opinion of the Court

Wheeler, C. J.

On the authority of Graham v. Stephen, 15 Texas Rep. 88, and Bradley v. Bradley, 13 Texas Rep. *252263, it must be held, that the. court erred in sustaining the exceptions to the part of the fourth and sixth answers of the defendant to interrogatories, stricken out. The answer dealt very-much in generalities; and on that ground, perhaps, was objectionable. But it was not obnoxious to the objection, that it was not closely connected with the main fact to which the party was interrogated. The judgment must be reversed and the cause remanded.

Reversed and remanded.

Bell, J., did not sit in this case.

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