Jones v. Ford

Citations

• 60 Tex. 127
• 1883 Tex. LEXIS 277

Syllabus

<p>1. Joinder of parties and of causes of action.— Where suit is brought for the possession of real property, on which one party claims a builder’s lien and another party claims a lien for material furnished, the claims being denied by plaintiff, who is the owner of the property, both lien claimants may be joined as defendants; nor is it improper to seek in the same action a recovery on a moneyed demand, connected with and growing out of the same transaction.</p> <p>3. Challenge of jurors.— Where the interests of two defendants are so nearly identical as to make them but one party to a suit, in the sense in which that term is used in the jury law, but six jurors can be challenged by the defendiants.</p> <p>3. Judgment.— Where the finding of a jury under issues submitted to them could not possibly be arrived at without also finding another fact not expressed but necessarily included in the verdict, judgment can be rendered as if that fact had been positively found.</p> <p>4. Depositions.—An objection to the reading of a deposition based on the fact that, in the notice to take the depositions, the witness was described by a given name different from his true name, is an objection to the manner and form of taking, which must be reduced to writing, filed, and notice thereof given to the opposing party.</p> <p>5. Taxing costs.— An erroneous taxing of costs must be brought to the attention of the court below for correction, and cannot be corrected on appeal until it is there attempted.</p>