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: 473
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1875.] WARREN V. WALLIS, LANDES & CO. 473
Opinion of the Court.
iffs, from which this appeal was taken by claimant. This
court reversed the case before (see 28 Texas, 225) mainly on
the ground that the former charge misled the jury in stating
that it was incumbent on the claimant, under the special circumstances
of this case, to show from the partnership account
that Sullivan had no interest in the concern.
The appellant, on the trial of the cause in the lower court,
after reversal, offered to introduce in evidence, the mandate and
opinion of the Supreme Court as made and given on the former
hearing, to which the appellants objected, and their objection
was sustained by the court below; to this the appellants
excepted, and this is one of the errors assigned before this
court. The appellants offered to prove that the facts proven
by the appellees on this trial were the identical facts established
by the same evidence embraced in the record of said
cause when last before the Supreme Court, as the whole evidence
of defendants, and .the court refused to allow the proof
to be made; this was excepted to, and is also assigned as error.
The appellants asked the court to charge the jury that there
was no proof before them upon which they could find for the
appellees; this charge was refused, and such refusal was excepted
to, and this also is assigned as error.
1. C. Iclemore, for appellant.
Iarnn & Baker, for appellee.
REEVES, J. We are of opinion that the court did not err
in excluding from the jury the evidence offered by appellant,
and stated in his bills of exceptions, nor was there any error
in refusing to give the charge asked by appellant.
1. Appellant offered to introduce in evidence the mandate
and opinion of the Supreme Court in this case, on appeal from
a former trial.
2. That the facts in evidence on this trial were the same as
on the former trial.
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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/m1/481/: accessed February 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .