Roundtree v. Gilroy

Citations

• 57 Tex. 176
• 1882 Tex. LEXIS 117

Syllabus

<p>2. Special district judge.— That a special district judge appointed to try a cause is a member of the legislature is no objection to his competency as judge.</p> <p>2. Incompatible offices.— The objection to such special judge, made after his qualification as such, does not raise the question whether the office of special judge is one of emolument, or whether the two offices are incompatible.</p> <p>8. Jury commissioners.—The district court has power to appoint jury commissioners at any time to supply jurors necessary to the trial of causes before it.</p> <p>4. Same.— But the more regular mode would be to reconvene the jury commissioners for the term, than to appoint a new commission.</p> <p>5. Challenge to array.— Only the statutory causes can be argued to support a challenge to the array.</p> <p>6. Pleading—Parol addition to written contract.— A parol agreement that part of a sum of money promised to be paid in an obligation in writing could be discharged otherwise than in money, is not valid, and a plea of such fact was properly held insufficient as a defense in an action upon the obligation.</p> <p>7. Pleading — Fraud.— An answer attacking a writing because given merely “as evidence of a settlement and not as evidence of indebtedness,” it not appearing that the maker was ignorant of the terms of the writing, or that any fraud was used or mistake in obtaining it, was properly held insufficiént.</p> <p>8. Evidence.— A subsequent parol agreement not executed nor performance tendered, for the settlement of part of a written obligation, would be insufficient as a defense.</p>