Richie v. Levy

Citations

• 69 Tex. 133
• 6 S.W. 685
• 1887 Tex. LEXIS 792

Syllabus

<p>. 1. Pleading. — Though pleading may be amended, in violation of the rules of court prescribing the manner thereof, and exceptions may be saved to the erroneous ruling of the court overruling exceptions to such defective pleading, the final judgment rende red in the cause will not be disturbed when the record fails to show that appellant has been prejudiced thereby.</p> <p>3. Auditob. — When matters of account between plaintiff and defendant are referred to an auditor, he should hear and determine from the evidence offered, as a jury should. If not instructed as to matters of law by the court, he may state in his report his conclusion of facts, upon the law as he believes it to ba, stating his belief. It is unnecessary for an auditor to einbudy in his report the evidence on which his conclusions are based.</p> <p>8. Same. — It is no objection to an auditor's report, when he states his conclusion of law based on facts which he states, that he fails to state the evidence adduced to establish such facts.</p> <p>4. Same. — The report of an auditor to which no valid objections exists may be used in evidence on the trial of a cause.</p> <p>8. Copartners — Contract.—Articles of copartnership stipulated that in case of the absence of one of the parties, the other should conduct its affairs, but the partner so managing the business should have no right without the consent of the absent partner, to encumber the firm with a debt “ exceeding its cash assets.” One of the partners left the State and was absent several years. Held: 1, That the partner who remained and gave his time and attention to the partnership business, was not compelled — if there was no money on hand to meet necessary expenses— to defray the same from his separate means. 2. The clause must be construed as intending to inhibit the partner from creating debts in the purchase of property in order to enlarge the partnership operations.</p> <p>6. Auditor. — Where the report of an auditor is regularly made, aft