Darcy v. John Turner & Co.

Citations

• 46 Tex. 30

Syllabus

<p>1. Practice—Statement of facts.—Where a statement of facts, filed in case of appeal, is not signed by counsel, but is properly signed by the presiding judge, it will be presumed that it was made in that form because of the disagreement of counsel; and when the statement of facts is only certified to by the judge, as containing “all the evidence material in the case,” the statutory meaning of the certificate is not thereby changed by such qualifying words.</p> <p>2. New trial—Damages.—Whilst courts should be' slow to interfere with the verdict of a jury on a claim for damages, when the measure of damages is indefinite, they should not hesitate to do so when the error in the verdict is manifest.</p> <p>3. Pacts on claim for damages for wrongful suing out an attachment.—See facts stated in the opinion, which were held insufficient to authorize the verdict on a claim for damages for wrongful suing out of an attachment.</p>