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. Page: 689
viii, 704 p. ; 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
INDEX. 689
PLEADING-Continued.
that such facts were sufficient, if established, to authorize the executrix,
as between the same parties, to put in issue her testator's liability
on the alleged indorsement of the note on which the judgment by default
against him was founded. House v. Collins, 486.
4. Nor would the affirmance of the judgment by default by the
Supreme Court, on appeal, preclude such equitable defense from being
set up in a scire facias proceeding to revive the judgment. Id.
POWER OF ATTORNEY.
It is not error to exclude a deed offered in evidence made by an
attorney whose power is of subsequent date to the deed, but which does
not refer to or ratify the deed. Wood v. Welder, 396.
PRACTICE.
AMENDMENT. HABEAS CORPUS, 1.
APPEAL, 2. INJUNCTION, 1.
CHARGE OF THE COURT, 3, 4, 5, INTERVENOR, 1.
8, 11. JURY, 1, 2, 3.
CRIMINAL PROCEDURE, 2, 7, 8. MANDAMUS, 1.
DEFAULT. NEW TRIAL, 1, 3, 4.
EVIDENCE, 6. PARTIES, 4, 5.
GARNISHMENT, 3. WRIT OF ERROR, 3.
1. In determining whether a judgment sought to be enjoined at suit
of a discharged bankrupt was rendered for fraud committed by defendant,
it was improper to submit the matter to a jury. The question
is one for the court, upon inspection of the record, including the pleadings.
Flanagan v. Pearson, 1.
2. It was error to overrule a motion to set aside a judgment by default
supported by affidavit of a meritorious defense, and of an agreement
to compromise the suit, opposed by affidavit denying the agreement
to compromise, but not negativing the belief of such agreement
by the defendant. Sedberry v. Jones, 10.
3. The announcement of ready, when there are questions of law to
be considered by the court, implies readiness, unless the rulings of the
court upon the pleadings require their amendment; and the right to
amend pleadings to which exceptions have been sustained only authorizes
the amendment of the pleadings held to be defective. Ann Berta
Lodge v. Leaverton, 18.
4. Instructions excluding the effect of evidence, admitted for reasons
not urged when the testimony was offered, should not be given. Objections
to testimony must be taken when it is offered. Id.
5. In a suit against a principal and his securities, the principal (who
was present when the trial began) during its progress became sick and
unable to attend court. The defendant's counsel asked to have the
cause withdrawn from the jury, in order to apply for a continuance on
account of their inability to procure the evidence of the principal, which
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/697/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .