Schneider & Davis v. Stephens

Citations

• 60 Tex. 419
• 1883 Tex. LEXIS 350

Syllabus

<p>1. Statement of facts.— A statement of facts, certified to by the judge before whom the case was tried as an agreed statement, which is only signed by counsel for one party, may be considered on appeal, the presumption being that it was properly certified.</p> <p>2. Same.— The statement of the judge, made out and filed after the adjournment of the term, and improperly copied into the transcript, in reference to whether or not a statement of facts was properly certified or approved by him, will not be considered on appeal, in the absence of a motion to strike out and suppress the statement on account of deceit practiced by one of the parties, or their counsel.</p> <p>3. Practice.—An erroneous ruling of the court below will afford no ground for reversal, when it is manifest that it did not affect the judgment.</p>