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: 39
1875.] MCCARTY V. WOOD. 39
Opinion of the court.
after a verdict for plaintiff the objection could not avail on a motion
for a new trial.
2. WHAT MTUST APPEAR TO AUTHORIZE'A REVERSAL WHEN THERE
IS NO STATEMENT OF FACTS.-T4o reverse a judgment, in the absence
of a statement, on account of error in excluding evidence
apparent from a bill of exceptions, it must appear not only that the
court had erred, but that such error must with reasonable certainty
have produced a substantial injury to the party or his cause.
ERROR from Vanzandt. Tried below before the Hon.
A. J. Fowler.
Falmore , WVooldridge, for plaintiff in error.
Kearby & Kearby and Robertson, for defendant in error.
ROBERTS, CHIEF JUSTICE.-The defendant below having
failed to procure any action of the court upon his exceptions
to the petition, presented in his motion for a new
trial the following grounds of objection to it:
" There was no itemized account filed in this cause as a
basis for plaintiff's demand."
"That in the allegations of plaintiff's petition there is
no sufficient basis for a judgment in this cause."
The facts are stated in the petition in a general way,
whicl might havQ rendered it liable to special exceptions.
Still sufficient allegations are made to constitute a cause of
action, and after verdict it is too late to require a greater
certainty and particularity in the statement of the facts
upon which the suit is founded.
The other objections to the judgment are all obviated
by the omission to bring up in the transcript of the record
a statement of facts. They are embraced in bills of exception
taken to the rulings of the court in admitting and
excluding evidence over the objections of defendant below.
The general rule is, that any party desiring sucl rulings
of the court to be reviewed, should bring up a statement
of facts, so that it could be seen that he was thereby prejudiced
in his cause by any error committed by the court in
Here’s what’s next.
Show all pages in this book.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/47/ocr/: accessed January 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .