Heirs of Griffith v. Eliot

Citations

• 60 Tex. 334
• 1883 Tex. LEXIS 332

Syllabus

<p>1. Practice.— In trespass to try title parties failed to introduce evidence of their heirship, which was necessary to their recovery, and the court instructed the jury to return a verdict against them. In their motion for new trial on the ground of surprise, it was shown that the evidence of heirship was in court at the time of trial, and its presence was known to the parties before the retirement of the jury. Held, that the parties should have applied for permission to reopen the case before the retirement of the jury, the presence of the evidence and its necessity being known, after the charge of the court and before the retirement of the jury; and the judgment of the court below refusing to grant a new trial was sustained.</p>