Garner v. Cleveland

Citations

• 35 Tex. 74

Syllabus

<p>1. Article 3729, Paschal’s Digest, which regulates the transmission of depositions by mail, is a directory statute; and when there is nothing to raise a presumption of fraud, a substantial compliance with its directions is all that is required.</p> <p>2. An administrator sued a distributee of the estate for money alleged to be assets, and in the defendant’s possession. Another distributee testified, in behalf of the plaintiff, to admissions by the defendant of his possession of the money; and thereupon the defendant, testifying in his own behalf, proposed to deny that he made the admissions, but was not allowed to do so, because they related to a transaction with the intestate, and were not competent under the second section of the act of May 19, 1871. Hdd, that the exclusion of the testimony was erroneous.</p>