Johnson v. Newman

Citations

• 35 Tex. 166

Syllabus

<p>1. Bills of exception taken upon rulings of the court below upon questions of evidence must state the objections there raised; otherwise, they will not be regarded in this court</p> <p>2. In a suit of trespass to try title, the defendants not only pleaded not guilty, but asserted title in themselves and prayed relief against the plaintiffs. The court below instructed the jury as to the form of a general verdict for either side, and moreover charged them, in case the plaintiffs had failed to make out their title and defendants had established theirs, to return as their verdict a finding “for the defendants on their plea in reconvention.” The verdict was a mere general finding “for the defendants;” but the court not only rendered a general judgment that the plaintiffs take nothing, but decreed title to the defendants, and canceled the plaintiffs’ claim as a cloud, etc. Held, that the judgment was not supported by the verdict, and was erroneous. The verdict merely found that both parties had failed to make out their titles, and it authorized only a general judgment in favor of the defendants. And the judgment is reversed, notwithstanding that it might not, if affirmed, prejudice the plaintiffs in a second action.</p>