Purnell v. Gandy

Citations

• 46 Tex. 190

Syllabus

<p>1. Charge of court.-—-In a suit for damage against an officer for seizing property, claimed as belonging to the estate of a party against whom proceedings in bankruptcy were taken, and where there is evidence tending to show that the goods seized had been conveyed by the bankrupt in violation of the provisions of the bankrupt law, it is error to refuse instructions asked by the defendant, informing the jury of the terms and provisions of the bankrupt law, apparently violated by the bankrupt, as to the goods so seized.</p> <p>2. Fraudulent preference by bankrupt.—In such a suit, it was error to refuse, when asked to instruct, the substance of section 35 of the bankrupt act.</p> <p>3. Depositions—Objections.—Questions, and answers thereto, relating to matters of opinion or of law, may he objected to, when offered; such objections do not relate to the manner and form of taking and returning depositions.</p> <p>4. Opinion of witness.—A question and answer eliciting merely the conclusion of the witness as to a matter of opinion or of law: Held, Hot admissible, and that objections made thereto when the depositions were offered should have been sustained.</p>