McCarty v. Wood

Citations

• 42 Tex. 38

Syllabus

<p>1. Hew trial, when defective pleading will not authorize. —The petition in a suit on account contained no itemized statement of the account, but no exception was taken for that cause : Held, that after a verdict for plaintiff the objection could not avail on a motion for a new trial.</p> <p>2. What must appear to authorize a reversal when there is NO statement op pacts.—To reverse a judgment, in the absence of a statement, on account of error in excluding evidence apparent from a bill of exceptions, it must appear not only that the court had erred, but that such error must with reasonable certainty have produced a substantial injury to the party or his cause.</p>