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: 220
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220 ICCLANE v. ROGERS. [Term of
Opinion of the Court.
the parties to whom he has paid it has the superior and better
right to it.
The fact of the sheriff's having returned the executions in
favor of creditors as satisfied by the application of money so
collected, is of no consequence. The assignee's claim to it depends
upon mattes antecedent to such returns. Whatever
may be the consequence and effect of such returns as between
the sheriff and the plaintiffs in these executions, the assignee
of the judgment, if notice of the assignment is given previous
to the receipt of the money by the sheriff, is certainly neither
bound or affected by them.
The fourth instruction given the jury, at the instance of
appellee, is no doubt subject to objection as a charge by the
court upon the weight of evidence. And if there was any reason
to suppose the jury might have reached any other conclusion
than that which they did, if this instruction had been
refused, the judgment should be reversed. It is unquestionably
improper for the court to instruct the jury that the
evidence does or does not establish any particular f:ct or proposition
in the case. However plain and manifest the evidence
in it may be, the jury should be left to ascertain and determine
it for themselves, uninfluenced by the opinion of the court.
Still, if no other conclusion can be legitimately deduced from
the facts, than that stated by the court, the charge would be
immaterial and could work no injury, and would therefore
afford no ground for the reversal of the judgment. This, in
our opinion, is the fact in this case, and although the instruction
asked was improper, no injury to appellants has or could
have resulted from it, and therefore the judgment should not be
reversed for the error of the court in giving it.
There being no error apparent in the record, as presented to
us, for which the judgment should be reversed, it is affirmed.
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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/m1/228/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .