Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 35 of 64
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OF THE STATE OF TEXAS.
tained, where the evidence is obviously competent and admissible,
as tending to prove any of the facts put in issue in the
pleadings; and in all cases the court, when deemed necessary,
may call upon the party offering the evidence to explain the
object of its admission, and also upon the party excepting the
reason of his objections, which, when done, in either or both
cases may form a part of the bill of exceptions.
58. Exceptions to the admission of evidence, where the
ground of objection is assigned, shall be considered in reference
to the objection made to it, and the objection shall be stated in
the bill of exceptions taken to its admission or exclusion.
59. Bills of exception must state enough of the evidence, or
facts proved in the case, to make intelligible the ruling of the
court excepted to, in reference to the issues made by the pleadings.
60. When exceptions are made to the admission or exclusion
of the evidence on the trial before the court or before the jury,
the exceptions will be then decided, after such argument as the
court may allow, and a memorandum of the point ruled on will
then be made by the judge, if the bills of exception are not then
prepared and signed, which ordinarily should be done, and must
be done during the term.
CHARGE OF THE COURT.
60a. When the pleading of either or both parties contains
several combinations of facts, either together or in several counts
or pleas, each of which constitutes a cause of action or ground of
defense, and is sufficiently supportedl by the evidence to require a
charge, and upon which an issue has been formed, the charge
should be so framed as to present to the jury and require a finding
by them upon the issue made, upon each of said combinations
of facts so contained in the pleadings, which may be
necessary to a decision of the case.
61. When a full charge upon the issues has been made, so far
as the evidence adduced tending to establish them may require,
the court should not encourage the asking of additional charges
covering the same ground substantially, and charges asked and
not given, should not be read in the hearing of the jury.
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/35/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .