Gardner v. Spivey

Texas Supreme Court July 1, 1872

Gardner v. Spivey, 35 Tex. 508 (Tex. 1872)

Walker

Opinion of the Court

Walker, J.

The exception to the ruling of the •court, by which a jury was denied, is well taken. (Section 12, Article 1, Constitution of the State; Section 16, Article 5; Section 26, Article 5, ibid.)

*509The question raised under the third assignment for error has been settled in Moore v. Letchford, decided by a majority of the court at the present term. (See the numerous authorities therein cited.)

We will not renew a discussion of the question at this time.

The judgment of the district court is reversed and the cause remanded.

Reversed and remanded.

Reference

Full Case Name: O. Gardner v. T. Spivey
Cited By: 1 case
Status: Published
Syllabus: i. In a suit in the district court against an administrator and his vendee, to annul a sale of land made by the former to the latter, and to vacate orders of the probate court confirming such sale, the defendants demanded a trial by jury. Meld, error to refuse trial by jury of the issues of fact—the property in controversy being of greater value than ten dollars. (Constitution of 1869, Article 1, Section 13; Article 5, Section 16; Article 5, Section 36.) 23. The rulings in Moore v. Letchford, ante 185, respecting the retroactive effect of the act of November 9, 1866, imparting to anterior and unrecorded judgments a lien upon real estate within the county, referred to and approved.