Monday, October 13, 2014

Say What?! – Justice in Rusk County

Originally published by .


This marvelous!!! contribution is from Justice Bailey C. Moseley of Texarkana (Court of Appeals, 6th Appellate Dis-trict), who writes:

“A number of years ago, I was engaged in a jury trial in Rusk County, representing the defendants in a trespass to try title case in which the plaintiffs were claiming ownership by adverse pos-session. The plaintiffs had a woman who lived nearby testify about the supposed long and continued use of the property by the plaintiffs. “On cross-examination, I wanted to establish that the witness did not fully understand which piece of land was really in controversy, so I began to question her about its location.


Q. What direction is this property from your house?


A. Well, I am not too good at telling directions.


Q. Okay, let’s talk about it in ways that can help this jury under-stand. Say that it is just at dawn and you step out onto your front porch. You see the sun coming up. From what direction is it rising?


A. I think it is coming up in the North.


Judge Moseley adds: “The jury broke up laughing, but the witness never seemed to understand what she’d said to make them laugh.”


Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.






from Texas Bar Today http://ift.tt/1tojobo

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