Coleman & Davidson v. Colgate

Citations

• 69 Tex. 88
• 6 S.W. 553
• 1887 Tex. LEXIS 781

Syllabus

<p>1. Evidence — Depositions. —When a party to a suit, in testifying by deposition taken at his own instance, declines to produce, in response to a cross interrogatory, letters or documents in his possession which are called for by his adversary, on the ground that they are too voluminous, and not that they are irrelevant to the issue, the deposition should on motion be suppressed.</p> <p>Í. Practice. — When a motion to suppress depositions is filed, and notice thereof given before the trial of the.cause begins, the motion may be considered and determined by the judge, either before the trial begins or during its progress, in his discretion.</p> <p>8.' Agency — Declarations.—Agency can not be established by evidence of the declaration of one who represents himself as the agent.</p> <p>4. Judgment. — In a suit against an agent by his principal, who was joined with other defendants, when a recovery is sought for the value of property belonging to the principal, and sold and converted by the agent and the purchasers, his co-defendants, and the co-defendants ask no judgment over against the agent in the event of a recovery against themselves, it is not error to enter judgment on a verdict returned, under instructions, against the co-defendants alone, and in favor of the agent.</p>