Martin-Brown Co. v. Wainscott

Citations

• 66 Tex. 131
• 1 S.W. 264
• 1886 Tex. LEXIS 465

Syllabus

<p>1. Practice—Assignments of error—Assignments of error that the court erred in its general charge, that the general charge was against the law and evidence, and that the court erred in overruling a motion for a new trial, are too general to be considered.</p> <p>2. Same—Forming issues—In the record of a proceeding for the trial of the right of property, it appeared that issues were tendered by plaintiff, and that counsel of both plaintiff and claimant had signed a written agreement of issues. Held: In the absence of proof to the contrary, the written agreement of issues would be considered as substituted for the issues tendered by plaintiff.</p> <p>3. Same—Assignment of error—An assignment of error relating to one of two special charges granted, but not specifying which one, is in violation of the rules.</p> <p>4. Practice—Charges—It is no error for the court to allow special charges containing a “ more specific definition ” and a fuller and more particular explanation than are contained in the general charge.</p> <p>5. Same—Recalling witnesses—After the retirement of the jury they recalled a witness and submitted to him a written question, which he answered. Held: The action of the court in this respect could not be revised when no objection thereto was saved by bill of exceptions.</p>