Ellis v. Ponton

Citations

• 32 Tex. 434

Syllabus

<p>1—A grantor of land with warranty of title is not, so long as his liability on his warranty remains, a competent witness for his grantee in an action to try the title to the land, brought against the grantee by a third party; but a release of such liability, made by the grantee to the grantor before the latter is called to testify, removes the incompetency of the grantor as a witness. Any secret expectations entertained by such a witness, and founded on his testimony, are considerations which may properly affect his credibility, and are proper subject of comment to the jury, but do not render him incompetent to testify.</p> <p>3—The case of Evans v. Pigg (38th Texas, 586), distinguished from, this case and approved.</p> <p>3—A judgment will not be disturbed in this court merely because the verdict on which it was based was not technically in due form, provided it responded to the issues and clearly ascertained the merits of the case.</p> <p>1—Courts should never indulge the practice of hearing affidavits of jurors to assail their own verdict. The tendency of this practice is corrupting, and never prómotive of justice.</p> <p>-5—A verdict is not vitiated because some person, without permission of the court, converses with a juror while the jury has a case under consideration. The court may fine such offending parties for contempt.</p>