Moore v. Moore

Citations

• 67 Tex. 293
• 3 S.W. 284
• 1887 Tex. LEXIS 868

Syllabus

<p>1. Special Verdict.—A special verdict is defective and can not form the basis for a valid judgment, unless it finds all the material facts put in issue by the pi. tidings; and this, though the evidence may clearly e3tablish the existence of the facts not found. It is the right of a litigant to' have the jury pass on all facts controverted by the pleading. When they have failed to do this, the court can not render a judgment without infringing a right guaranteed to the citizen by the Constitution and laws.</p> <p>2. Same.—The verdict and judgment should be the end and not the basis for the continuance of the same controversy. The verdict should therefore be rendered on the issues made by the pleading in apt language, which can not admit of mistake.</p> <p>3. Writ of Error—Purchaser Pendente Lite.—The writ of error is a continuation of the original suit, and not the beginning of a new one. One who buys after judgment in the district court is rendered, and before a writ of error is sued out, is a purchaser pendente lite.</p> <p>4. Cases—Reviewed,—Patterson v. U. S., 2 Wheaton, 221, and McCoy v. Rives, 1 Smedes & Marshal, 592, reviewed.</p> <p>5. Cases Approved.—Crouch v. Martin, 3 Blackford, 336; Smith v. Raymond, 1 Day, 189; People v. Doesbury, 17 Michigan, 135; Crutcher v. Williams, 4 Humphries, 345, and Longeope v. Bruce, 44 Texas, 434, approved.</p>