Gammel's Rules of the Courts of Texas Page: 33 of 70
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TEXAS' COURT RULES.
of the matter in controversy, and the issues are severable, the judgment
shall only be reversed and a new trial ordered as to that part
affected by such error. Provided, if the erroneous action or failure
or refusal of the trial judge to act shall prevent the proper presentationaof
a cause to the Court of Civil Appeals, and be such as may
be corrested by the judge of the trial court, then the judgment shall
not be reversed for such error, but the appellate court shall direct
the said judge to correct the error, and thereafter the Court of Civil
Appeals shall proceed as if such erroneous action or failure to act
had not occurred.
Held, that the presumption in favor of injury, if not shifted, is abolished
by the promulgation of this rule, and that hereafter no case should be
reversed because of erroneous rulings unless it should be made to appear
"that the error complained of amounted to such a denial of the rights of
the appellant as was reasonably calculated to cause, and probably did
cause, the rendition of an improper judgment." Wells Fargo Trinity and B. V. Ry. Co. vs. Geary, 169
S. W. R., 201; Senter vs. Teague et al., 164 S. W. R., 1045; Southwestern
T. . Fort Worth Fort Worth King County vs. Martin, 173 S. W. R., 960.
Does Not Apply, When. Held, this rule does not apply to the refusal of
the trial court to submit a cause on special issues as directed, by Article
1984a, added by Acts 1913, 33rd Leg., p. 113. J. M. Guffey Petroleum
Co. vs. Dinwiddie, 168 S. W. R., 439. Refusal of the court to submit
special issues requested not reserved by bills of exception, held cannot be
considered over appellee's objection. M., K.
Sweeney vs. Farmers' Rice Milling Riggs vs. Miller (C. A.), 147 S. W. R., 632.
Held, in trespass to try title, where lhe court erroneously permits the
jury to find for the defendant for all the land in controversy, when the
defendant adritted title to one-third in plaintiff, the error will be corrected
in the appellate court and the judgment affirmed. Zarate vs. Villareal
(C. A.), 155 S. W. R., 328.
Held, where a cause was fully developed in the trial court, and there
is no conflict in the evidence, the court on appeal will render the proper
judgment. New York Life Ins. vs. Thomas, 103 S. W. R., 423 (47 C. A.,
150); Galveston, H.
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/33/: accessed April 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .