Brown v. Chenoworth

Citations

• 51 Tex. 469

Syllabus

<p>1. Jury law—Trial by jury.—The jury law adopted by the fifteenth Legislature is not an abridgment of the constitutional right of trial by jury, but was designed to be a wholesome regulation of the system. It should not, by construction, be extended beyond the legitimate objects to be accomplished.</p> <p>2. Trial by jury.—If at a preceding term of the court a jury has been waived or demanded, that fact should not control the right, in the discretion of the party, to demand at a succeeding term a trial by jury which had before been waived, or to waive such trial which had before been demanded.</p> <p>3. Pleading.—B pleaded, as a defense, when sued on a promissory note, that O, the plaintiff, after its execution, was adjudged a bankrupt ; that the note was transferred to his assignee in bankruptcy for the benefit of his creditors, and that after his discharge in bankruptcy the note belonged to the creditors who had not been paid. C demurred to the answer, first, because it did not allege the note was ever reduced to possession by the assignee prior to his discharge; second, because B did not allege that he was a creditor of C, and he could not take advantage of any fraud committed on the othei creditors: Held, That there was no error in a judgment sustaining the demurrer; that C, the apparent owner of the note, might sue in his own name, .and the mere fact that he was not the real owner would constitute no defense, either in bar or in abatement.</p> <p>4. Handwriting—Mon est factum—Evidence—Practice.— Much latitude should he given on cross-examination of a witness, when the purpose of the cross-examination is to ascertain the accuracy of the knowledge, skill, and judgment of a witness testifying as an expert. See the opinion in this case for a practice approved in the cross-examination of a witness on the question of handwriting.</p> <p>5. Waiver—Practice.—When the actual issue made by the evidence under a plea of non est, factum to a promissory note relates to the