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: 474
The following text was automatically extracted from the image on this page using optical character recognition software:
474 WARREN V. WALLIS, LANDES & Co. [Term of
Opinion of the Court.
3. The evidence offered by appellant to explain the deposition
of Oscar Sullivan.
4. Appellant asked the court to charge, that there was no
evidence before the jury showing that Sullivan had any interest
in the property levied on, subject to the levy of plaintiff's
attachment, and that the'jury should find a verdict for the
Appellant contends that the mandate and opinion of the
Supreme Court concluded the rights of the parties, so far as the
court had undertaken to determine their rights. He insists that
it was the duty of the court to give the charge as asked, because
the Supreme Court had decided that the evidence was not sufficient
to sustain the verdict of the jury on the former trial.
It appears from the case, as it is reported in 38 Texas,
that the error in the charge of the court was the ground relied
on in the motion for a new trial.
It is true, as appellant insists, the court in substance said
that the finding of the jury was against the evidence, and that
it could only be accounted for on the supposition that the jury
was misled by the charge, and that it was error in the District
Court to overrule the motion for a new trial.
It is apparent that there was no final adjudication of the
rights of the parties, and was not so intended. The Supreme
Court could not have made its action final. The statute provides,
that when the judgment or decree of the court below in
civil cases shall be reversed, the Supreme Court shall proceed
to render such judgment or decree as the court below should
have rendered or pronounced, except when it is necessary to
ascertain some matter of fact, or to assess the damages, or the
matter to be decreed is uncertain, in either of which cases the
cause shall be remanded for a more definite decision. (1 Paschal's
Digest, Art. 1562.) The parties were at issue on matters
of fact, and the judgnient being reversed, the court could not
do otherwise than remand the cause for another trial by the
jury, as necessary to ascertain the facts, and for a definite decision
under proper charges from the court.
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
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/m1/482/: accessed January 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .