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: 291
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1875.1 MILLAR V. DOUGLASS. 291
Opinion of the Court.
from him to the State and county, as the defendant contends
he did, it would be a good defense to the plaintiff's claim for
The jury having returned a verdict for the defendant, on
which the court entered judgment, the plaintiff appeals, and insists
that the court erred in the instructions to the jury, and
that the verdict was against the law and the evidence.
The evidence was conflicting, and the instructions pointing
out to the jury their duties in this respect, and, which are now
complained of, is believed to be in accordance with the former
decisions of this court. The rules for construing conflicting
statements by witnesses, and the province of the jury in such
cases are laid down in a full and clear charge, without any apparent
reason to suppose that the jury was misled.
It is further complained that the court erred in charging the
jury that if the plaintiff objected to make payment he was
bound to take proper steps to have the correction made. To
understand this objection it is necessary to refer to the evidence.
The plaintiff proved that he paid the tax under protest.
The defendant proved that the plaintiff made no objection to
the assessment or collection of the tax until after he had paid
it, and that at the time of the objection made by plaintiff to
the assessment, defendant had sent up his rolls to the comptroller,
and having returned his rolls he insists that he had no authority
to make corrections thereafter, and further stating that the
defendant did not apply to him to correct the error in the assessment,
and that it could only be done by the comptroller
after the tax-roll had been deposited in his office.
The depositions of the comptroller taken first by the plaintiff
and afterward by the defendant, were read in evidence. The
comptroller answered that he was always ready and willing to
correct errors in the assessors' rolls, that the assessor after he
had forwarded the roll to the comptroller could not properly
amend or alter the copy retained, that the charges in the books
both of the State and county against the assessor, are made
from his returns, and he is required to settle by the entries he
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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/m1/299/: accessed May 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .