Newman v. Dodson

Citations

• 61 Tex. 91
• 1884 Tex. LEXIS 52

Syllabus

<p>1. Notice to take depositions — Practice.— A defective notice in regard to the taking of depositions served upon one of two defendants is cured by a proper and legal notice served upon his co-defendant, who is the attorney of record representing both defendants.</p> <p>2. Evidence.— In an action to recover damages for a trespass vi et armis, the declarations of the plaintiff, made to a medical man in answer to inquiries as to his physical condition after the alleged injury, are admissible in evidence, though the physician may not have been employed as such. So, also, are his declarations, under like circumstances, as to his sensations and sufferings from the violence inflicted.</p> <p>3. Same. — But the declarations of the injured party, made under like circumstances, but not at the time of receiving the injury, as to the person by whom and the weapon with which the injury was inflicted, would be inadmissible in evidence.</p> <p>4. Same.— The opinion of a physician is admissible in evidence as to the condition of another’s health, whether that opinion is in part founded on the declarations of the party or not.</p> <p>5. Trial by jury.— An objection that a juror was not summoned by a sworn officer comes too late after verdict. R. S., 3074-8079, and Schuster v. La Londe, 57 Tex., 28.</p> <p>6. Transcript.— A change in a statement of facts after it has been signed by the trial judge, made without authority, if made by one seeking a revision of the judgment, would be visited by the penalty of at least having the paper stricken from the record.</p> <p>7. Evidence. — See opinion for facts under which the introduction in evidence of the papers of another cause, though irrelevant to the main issue, was not error when introduced in rebuttal to evidence already allowed to be introduced by the adversary.</p> <p>8. Charge of court.— While the practice of district judges, sometimes indulged in, of charging in suits for damages that the jury might find, if at all, for plaintif