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: 110
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110 RENN v. SAMOS [Tyler Term,
Opinion of the court.
is occupied by what may reasonably be supposed, from its
import, to have been intended as a statement of facts.
But we do not feel warranted in so treating it, though it
is so denominated in the marginal notes of the clerk. It
is not shown to be a statement of facts, either by agreemnent
of counsel or certificate of the presiding judge. It
is not stated, in its beginning or conclusion, that it is a
statement of the facts proved on the trial. It is a mere
recitation of what we may infer was testimony in the case.
At the end of it is found the name of counsel for appellant,
and on the opposite side of the page from his signature
is written "Approved," underneath which is the
signature of the judge before whom the case was tried.
To treat this as a statement of facts would, we think, be
a manifest departure from all former decisions of the court
on the subject, and do violence to both the letter and spirit
of the statute.
The affidavit of the presiding judge, made long after the
record was filed in this court, to the effect that he signed
the paper copied into the record as a statement of facts,
and intended thereby to authenticate it as such statement,
cannot be regarded as giving it any additional force
or authenticity. This court must look to the record and
not to affidavits of thejudge or any one else, except where
authorized by statute, when called upon to exercise its appellate
jurisdiction over the judgments and proceedings
had in the District Court. This is too obvious to require
In reference to the alleged error of the court in telling
the jury " to find some character of verdict, as both parties
preferred any verdict rather than a mistrial, as the case
would be taken to the Supreme Court, let their verdict be
what it might," it will suffice to say that this statement, as
the judge certifies, was made to the jury at the instance of
appellant's counsel. If so, surely he should not complain
of it. Nor does it appear from the supposed bill of ex
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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/m1/118/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .