Blanton v. Ray

Citations

• 66 Tex. 61
• 17 S.W. 264
• 1886 Tex. LEXIS 441

Syllabus

<p>1. Evidence—Instrument—Affidavit of loss—The affidavit of loss is required to be filed only when it is proposed to introduce a certified copy of the instrument. (E. S., art. 2257.) When proved as at common law, a sufficient predicate is laid when the loss or destruction of the instrument is shown by the evidence produced at the trial. (1. Whar. on Ev., sec. 129.)</p> <p>2. Evidence—Admission—Appeal—Practice—An assignment of error to the admission of testimony must rest upon the very objection taken to it in the court below. (Sharp v. Schmidt & Zeigler, 62 Tex., 266.)</p>