Texas Supreme Court July 1, 1853 (Crosby v. McWillie)

Lipscomb, J.

This suit was brought on a claim against the plaintiff in error, as administratrix of Josiah Crosby. The most material question for our consideration, arises on the refusal of the Court below, to give the third charge asked by the counsel for the defendant in the Court below; it was as follows: That “ the plaintiffs have no right to say that the affidavit of “ James E.