Frizzell v. Johnson

Citations

• 30 Tex. 31

Syllabus

<p>Where objections to deeds were general, and no particular objection was specified in the bill o£ exceptions, nor in the assignment of errors, this court will not notice the objection. The same rule applies to objections to depositions.</p> <p>The case of Rose v. Newman, 2G Tex., 131, overruled Miller v. Thatcher, 9 Tex., 48G; and it is now held, that a deputy county cleric has the right to take acknowledgments and register deeds. (Paschal’s Dig., Art. 491, Note 336.)</p> <p>Where a deed has been registered in the proper county, and the land is after-wards cut off into a new county, there is no necessity of registration in the new county, as has been ruled in McKissick v. Colquhoun, 18 Tex., 153. (Paschal’s Dig., Note 316.)</p> <p>Where a party moved for a new trial, on the ground of newly-discovered evidence, and relied upon affidavits, the fact that these affidavits were brought to the consideration of the court must appear by bill of exceptions or statement of facts. (Paschal’s Dig., Art. 1581, Note 613.)</p> <p>A motion for a new trial, on the ground of newly-discovered evidence, must show that the evidence came to his knowledge since the trial, that due diligence was used, and that it is not cumulative, and will probably change the result. (Paschal’s Big., Art. 1470, Note 566.)</p>