4 Willson 487 | Tex. App. | 1892
Opinion by
§ 284. Municipal corporations; may provide for the impounding of animals. This was a suit originally brought by McNabb in the justice’s court to recover of the defendant, W. J. Coyle, possession of a horse. In the justice’s court judgment was rendered for the defendant, Coyle. The case was appealed by McNabb to the county court, where it was tried twice. The last time the case was tried upon an agreed statement of facts, the object being simply, under proper instructions, to have the case presented to the jury. The learned trial judge refused, however, to give any instructions whatever to the jury, either verbally or in writing, notwithstanding he was requested by both defendant’s and plaintiff’s attorneys to instruct the jury in writing. When the court refused to give the jury any instructions, the defendant’s counsel requested that his instructions be given to the jury, but they were refused by the court, and the jury was allowed to retire and arrive at a verdict as best they could, without any instructions whatever to govern them. On this last trial McNabb recovered a judgment for the horse, or, in the alternative, for its value, in the sum of $110.83; from which judgment Coyle appeals to this court, and assigns as error two propositions: First, that the court
Reversed and remanded.