Burleson v. Hancock

Citations

• 28 Tex. 81

Syllabus

<p>The rule in taking an exception to an answer of a party under the 82d section of the act to regulate proceedings in the district court is, like the general rule as to exceptions, that it must be so specific as to point to the precise error intended to be relied on; for the courts, in deciding on questions arising at a trial, are not bound to do more than to respond to a motion in the terms in which it is made. (Paschal’s Dig., Art. 3750, Note 854; Art. 217, Note 280; Art. 1581, Note 613.)</p> <p>The part of the answer of a party to a suit, to which the party propounding interrogatories excepts, must designate with sufficient certainty the part excepted to. (Paschal’s Dig., Art. 3750, Note 854.)</p> <p>The disallowance of an amendment to pleadings, after the evidence was submitted to the jury, is not error. Amendments can only be made before the parties announce themselves ready for trial. (Paschal’s Dig., Art. 54, Note 243.)</p> <p>Where exception is taken to the exclusion of evidence, the excluded evidence must be set forth in the record, in order that this court may be enabled to judge of its relevancy and materiality, otherwise this court cannot determine whether its exclusion was error of which the appellant could complain; (Paschal’s Dig., Art. 217, Note 280; Art. 1581, Note 613.)</p>