Altgelt v. Brister

Citations

• 57 Tex. 432
• 1882 Tex. LEXIS 164

Syllabus

<p>1. Charge os court.— A charge which makes the controlling issue in the case one to which no evidence had been adduced, is erroneous.</p> <p>2. Same — On weight on evidence.—So also is a charge which is so framed that the jury might have inferred from it the opinion of the court on a material issue of fact, as to which there was conflicting evidence.</p> <p>3. Suit against an executrix—Evidence—Statute construed — Transaction With deceased.— A party suing an executrix should not be permitted to testify that he entrusted money to the deceased to be loaned, for this would he evidence as to a transaction with deceased, within the meaning of the statute.</p>