Pauska v. Daus

Citations

• 31 Tex. 67

Syllabus

<p>The 11th section of the act of 4th May, 1846, reads as follows: “If from any cause no jury has been drawn, as contemplated in the preceding sections of this act, or no venire has issued, or the venire be quashed, or the array challenged, or whenever none of the jurors returned upon the venire are in attendance upon the court, the court shall have power to direct the issuance of a venire facias, commanding the sheriff or other officer to summon the requisite number of legally qualified jurors; and such venire may be made returnable at such times as the court may direct, and upon the return thereof the same proceedings shall be had as in cases where the jury has been regularly drawn.” (Paschal’s Dig., Art. 3985.) Even if it be true that the jury-list has not been made and the jury drawn, as required by the preceding articles, everything will be presumed in favor of the legality and regularity of the action of the court until the contrary appears. [Tweedy v. Briggs & Yard, post, 74.]</p> <p>Where depositions had been-taken in Mexico by “a vice commercial agent,” the objection goes to “the manner of taking depositions,” and it must be in writing. (Paschal’s Dig., Art. 3742, Note 851.)</p> <p>The object of the rule is to prevent technical objections and surprise.</p> <p>The amendatory act of 17th December, 1861, gives interest upon open accounts at the rate of eight per centum from the 1st of the following January after they are made. (Paschal’s Dig., Art. 3940, Note 930.)</p> <p>If the contract be made in a foreign country, the law of interest will be presumed to be the same as our own, unless the contrary be averred and proved. (Paschal’s Dig., Art. 3708, Note 834.)</p> <p>Where the question of the right of negroes to sit upon a jury did not appear otherwise than in a motion for a new trial it cannot be revised.</p>