Shumard v. Johnson

Citations

• 66 Tex. 70
• 17 S.W. 398
• 1886 Tex. LEXIS 445

Syllabus

<p>1. Evidence—When qualified—The omission by the court to qualify a writing admitted in evidence, there being no request that such qualification be stated to the jury, is not error.</p> <p>2. Same—Admissible evidence will not be excluded for the reason that it prejudices the jury against one of the parties. When collateral disclosures can be excluded, the party threatened by them must act in his own behalf; but when they cannot be separated from the pertinent evidence, the prejudiced party must abide the consequences.</p> <p>3. Practice—Assignments of error—See opinion for assignments of error not sufficiently in compliance with the rules for the proposition thereunder to be considered by the court.</p> <p>4. Same—Charges—It is well settled that a judgment will not be reversed for an omission by the lower court to submit or qualify issues, unless the error of such omission is made positive and tangible by a refusal of special charges requested upon the omitted points.</p> <p>5. Same—It is immaterial that an erroneous charge was given if it is apparent that it could not possibly have aifected the result. See opinion.</p>