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: 104
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104 RENN v. SAMOS. [Tyler Term,
Statement of the case.
B. RENN ET AL. V. E. SAMOS ET AL.
1. APPELLATE JURISDICTION OF THE SUPREME COURT is not limited
to the final judgments of the District Court il actions or suits, in
the technical mneaning of these terms. It extends to its final judgnent
in "' all manner of pleas, plaints, motions, causes, and controversies"
il and by which the rights of person and property of the
parties to them may and have been finally determined.
2. RECEIVER'S ACCOUNT.-A judgment passing such account may be
appealed from, such judgment being final as to the receiver and
those interested in the funds.
3. PRACTICE IN SUPREME COURT.-It is inadmissible to join in one appeal
several distinct judgments affecting different parties, though
made in the same case.
4. STATEMENT OF FACTS, to be considered on appeal, must appear by
agreement of parties or certificate of the judge. A paper signed by
counsel of one of the parties, and marked " approved," and signed
by the judge, will not be treated as a statementt of facts."
5. AFFIDAVITS IN SUPREME COURT will not be heard to show that a
paper endorsed "approved" and signed by the judge presiding was
intended thereby to be certified as a statement of facts.
6. Parol instructions to the jury, directing them "to find some character
of verdict, as both parties preferred any verdict to a mistrial, and
not at the time excepted to, will not be revised on appeal.
7. The record, on appeal, should not be encumbered by a bill of exceptions
showing conversations of the district judge, to the effect that
had he been a juror he would have returned a different verdict.
APPEAL from Anderson. Tried below before the Hon.
A. J. Fowler.
This is a record of two hundred and eighty-two pages,
and the object of the appeal was to revise thle action of the
court in passing upon the account of J. M. Wiggins, who
had been appointed receiver pending the litigation resulting
in setting aside the (alleged) will of Casper Renn,
(33 Tex., 760, and 37 Tex., 240,) and also to revise an
order retaxing the costs made at the instance of Jas. M.
Mead, deputy district clerk.
Motions for new trial were made by plaintiffs in both
matters, and which were by the court overruled. Separate
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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.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/112/: accessed September 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .