Cole v. Crawford

Citations

• 69 Tex. 124
• 5 S.W. 646
• 1887 Tex. LEXIS 790

Syllabus

<p>1. Practice — Special Issues. — When a cause is submitted to a jury on special issues, all the issues of fact made by the pleading must be submitted and determined by them before final judgment upon a verdict can be rendered.</p> <p><2. Verdict. — In a suit for the recovery of the value of specific articles converted, the rule which requires the jury to find the value of each article is intended for the benefit of the defendant, who should have the privilege of returning the articles or any of them in satisfaction of the judgment pro tanto. A failure of the jury to find the value of each article ia not an error for which a judgment can he reversed on exceptions by a plaintiff.</p> <p>3. Practice. — A general charge is unnecessary when a cause is submitted to tiie jury on special issues.</p> <p>4. Official Bond — Sureties.—The sureties on a constable’s bond are only liable for his official acts or defaults committed after its execution.</p> <p>6. Special Issues. — Whether a cause shall be submitted to a jury on special issues or not, is a matter resting in judicial discretion.</p>