Collins v. Kay

Citations

• 69 Tex. 365
• 6 S.W. 313
• 1887 Tex. LEXIS 834

Syllabus

<p>1. Statement oe Facts. — Time was allowed, by order entered of record, for the making up, signing and filing of a statement of facts within ten days after the adjournment of the term; within the ten days, and at a time designated by the judge, the opposing counsel having failed to agree, delivered their respective statements to the judge, who failed to make up and file a statement of facts before the expiration of the ten days. Held: That, in the absence of the provision made by the Twentieth Legislature (General Laws, p. 17), it would be held that such a failure on the part of the trial judge would require areversal of the judgment rendered.</p> <p>2. Trespass to Try Title — Improvements.—When the verdict in trespass to try title, rendered in a cause in which there is a claim for improvements, made in good faith, is not responsive to the issues required to be passed on in Article 4814, Revised Statutes, the judgment must be reversed.</p>