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: 111
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1875.] MARX v. BROWN. 111
Argument for the plaintiff in error.
ceptions found in the record that appellant's counsel excepted
to the action of the court at the time it was had.
The inference is that he did not do this until after the jury
returned their verdict.
The record should not have been encumbered with the
opinion of the judge that he would have found a different
verdict from that returned if he had been upon the jury,
and that the weight of the testimony, as he thought, was
with the plaintiffs, expressed in a private conversation had
with plaintiffs' counsel after the motion for new trial had
been refused. If counsel desired to incorporate such matter
into the record, the court should have refused to permit
There is no error in the judgment which can be noticed
by us. It is therefore affirmed.
E. MARX v. BROWN & Co.
PnACTICE-DAMAGES FOR DELAY.-The right of a defendant in error
to an affirmance, with damages for delay, is not affected by the fact
that, after the writ of error was obtained, lie procured, upon application
and notice to the plaintiff in error, a correction of the judgment
entered erroi eously as to amount by mistake of the clerk, and
brought up a transcript of the record with the judgment corrected
nuncpro tune; nor is the liability of the securities on the bond of
plaintiff in error affected by the fact that they had no notice of the
proceedings to correct the judgment.
ERROR from Marion. Tried below before the Hon. J.
Crawford & OGrawford, for plaintiff in error, cited Miller
v. Stewart, 9 Curtis, 234, 18 Ga., 534; HIall v. Williamson,
9 Ohio, 17; 20 Ohio, 93; 17 Ohio, 554; Lignon v. Rogers,
12 Ga., 291; 18 Ga., 287.
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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/m1/119/: accessed January 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .