This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...the preceding day, of which the defendant had notice--a preliminary injunction hating been
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...the preceding day, of which the defendant had notice--a preliminary injunction hating been granted; Held, That the character of the suit had no claim to the favorable interposition of equity principles of jurisprudence, and that the injunction was properly dissolved and the petition dismissed. Appeal from Smith. The appellant brought his action in a Justice's Court, to recover the amount of sixty dollars, on an agreement under seal with the defendant, to run a horse race at a certain time and place; the party failing to run was to forfeit the amount bet on the race. The date set out for the race to be run, was on the Sabbath day. The plaintiff alleged that the date was a mistake; that it was intended to be the day before, i. e., Saturday, and was only a mistake in the day of the month. He alleged that on discovering the mistake, he went to the defendant and proposed to set another day, either sooner or later, which proposition was wholly rejected by defendant, and that the defendant would not run the race. The Justice gave a judgment against the plaintiff for all costs. The plaintiff, after ninety days, filed his petition in the District Court, praying a new trial, and obtained an injunction. The District Court dissolved the injunction and dismissed the petition. The plaintiff appealed. McElroy v. Chancellor. D. J. McLemore, for appellant. I. A mistake in a written agreement may corrected by oral testimony. In this case there was a mistake in the time of running the race; it was to be run on Saturday instead of Sunday. (2 Starkie on Ev. 766-67 and note (B) (1) 768; Mead v. Randolph, decided at this term of this Court; 1 United States Dig. title Evidence, Art. 1766,1711,1703, and the cases there cited.) II. Horse racing for a less distance than a mile counte.
خصائص المنتج:- الفئات: تاريخ
- غلاف الكتاب: غلاف عادي
- لغة الكتاب: الانجليزية
- الكاتب: Texas Supreme Court
- الناشر: Rarebooksclub.com
- رقم ال ISBN: 9781130204636
- عدد الصفحات: 178
- لأبعاد (الارتفاع*العرض*العمق): 9.69 x 7.44 x 0.38 inches