The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 37
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Development of the Texas Judicial System. 37
"Art. 25. The facts established by the decision of the jury shall
be considered as conclusive, and con not be controverted before any
tribunal or authority, except in the single case 'of the corruption of
"Art. 72. The judge shall make such observations upon the evi-
dence and facts adduced on the trial as he may think proper and
necessary for the instruction of the jury, who shall retire for de-
"Art. 74. The verdict of the jury being agreed upon by the
number required by law, it shall be committed to writing, express-
ing all the important circumstances that may have been established
by the evidence, and shall be signed 'by all the jurors. Those,
however, who may dissent from the verdict, shall 'be permitted to
express their separate opinion."
It is readily apparent that the jury contemplated by his act was
a very different institution from the Common law jury, or that
with which we are now familiar. No provision is made for a grand
The petit jury decided questions of law and fact, both as to
the admission of evidence 'and its legal effect. 'The verdict could
be rendered by eight or more jurors, and the minority could file dis-
senting opinions. The verdict was conclusive upon the court in
which it was returned, and all appellate courts, except in the .one
case of the corruption of the jury.
There were numerous other differences between the procedure
provided for these courts and the practice in the courts with which
the Anglo-Americans had been familiar. Probably the most no-
ticeable is the absence of recognition of the Common law dis-
tinction between legal and equitable rights and remedies, and
the giving to one tribunal jurisdiction of all causes, without regard
to that distinction. Another is the requirement of an attempt to
arbitrate as a condition precedent to suit; another is the provisions
as to pleading. Here the contrast is so great that I quote a few
paragraphs, as follows:
"Art. 94. In order to commence -an action in writing, the com-
plainant shall present himself before -the primary judge of the
respective jurisdiction, and shall signify his demand by a petition,
plainly and clearly expressed, accompanied by a certificate of having
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/41/: accessed May 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.