17 Tex. 262 | Tex. | 1856
This suit was commenced by the appellant,
before a Justice -of the Peace, in December, 1850. On the 5th day of April, 1851, appellant recovered judgment for one dollar and eighty cents, debt, and thirty-two dollars and five cents, costs. It was taken by a certiorari into the District
Under all the circumstances of this case, the protracted litigation, the suspicions that would naturally attach to the affidavit of the constable, from his long silence in the midst of the litigation of the matter, and the fact that this credit was before the Court and jury, and that the appellant, if attentive to his interest, could have required it to be shown when the credit accrued, to which may be added the bare possibility that he did not know when the log chain was returned to his wife, and the money paid to her; we cannot say that the Court .below erred in refusing á new trial. The judgment is therefore affirmed.
Judgment affirmed.