40 TINSLEY V. RUJSK Co. [Tyler Term,
such ruling.. (Fulgham v. Bendy, 23 Tex., 64; Hodges v.
Longcope, 23 Tex., 155; Bast v. Alford, 22 Tex., 399.)
Where the court below erroneously excludes the evidence
which constitutes the foundation of the action or
the defense, under such circumstances as that it cannot be
reasonably expected that it can be supplied by other evidence,
then this court might be enabled to see, by reference
to the pleadings in the cause, that the party had suffered
an injury, even in the absence of a statement of facts.
(Sublett v. Kerr, 12 Tex., 370; Galbreath v. Templeton, 20
Tex.; 46; Anding v. Perkins, 29 Tex., 348.)
The evidence excluded and that admitted over the exception
of defendant was not in its nature of that character.
It may have been merely cumulative or ancillary
to the main facts in proof, to such an extent only as that it
could not be reasonably supposed to have influenced the
verdict of the jury. To reverse t jd , i the ud t, i te absence
of a statement of facts, on such grounds, this court
should ordinarily be able to see, not only that the court
had erred, but that such error must with reasonable certainty
have produced a substantial injury to the party in
his cause. An abstract error upon a point of law applicable
to the evidence is not enough. Jt should appear
manifestly to have been a wrongful error in reference to
the cause of action or defense. (Hutchins v. Wade, 20
The judgment is affirmed.
A. D. TINSLEY AND WEBSTER FLANAGAN V. RUSK COUNTY.
3. BOND OF ASSESSOR AND COLLECTOR OF TAXES CONSTRUED.Under
the act of 1866, regarding the assessment and collection of
taxes, the omission of the collector to execute a new bond within
ten days after the 1st of January following, the execution of the
Texas. Supreme Court.. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed May 22, 2013.