Lanier v. Perryman

Citations

• 59 Tex. 104
• 1883 Tex. LEXIS 115

Syllabus

<p>1. Statement of facts.— A statement of facts will not be examined on appeal when it is filed after the expiration of the period allowed for its filing by an order entered during the term. As a result of such a filing, the supreme court could not, in this case, determine on the correctness of the rulings of the district judge on points raised in bills of exceptions, in refusing instructions asked, or in the main' charge of the court. McGuire v. Newbill, 58 Tex., 314; Ross v. McGowan, 58 Tex., 603; Tarlton v. Daily, 53 Tex., 92; Bast v. Alford, 22 Tex., 399; Pfeuffer v. Maltby, 54 Tex., 454; Smith v. Tucker, 25 Tex., 594, and Frost v. Frost, 45 Tex., 325, cited and followed.</p> <p>2. Trespass to try title — Second action.— In trespass to try title the plaintiff has a right to bring his second action (art. 4811), though the judgment .in his first suit was rendered after the code took effect, if rendered in a suit commenced before that time.</p> <p>3. Bill of exceptions.— A bill of exceptions which was rejected by the presiding judge when presented by counsel, with his refusal to sign indorsed, and returned to counsel having the preparation of bills of exception in charge, will constitute for some purposes a part of the record, if filed promptly during the term by the counsel to whom it was returned by the judge.</p> <p>4. Evidence.— It would seem that where the genuineness of an original' deed was admitted by the party to the suit, who made the original and was charged with its custody, the deed being afterwards substituted by a judgment of the court, and the issue being'one of fraud and collusion as to the true date of the substituted deed, the fact that a correct copy thereof had been taken by some one, whether it was duly recorded and acknowledged or not, was proper to go to the jury.</p> <p>5. Practice — Bum of exceptions.— The propir practice, when, the duty is imposed on the judge to prepare a bill of exceptions, is to set forth in it the substance of the bil