Stark v. Whitman

Citations

• 58 Tex. 375
• 1883 Tex. LEXIS 30

Syllabus

<p>1. Plea in abatement.—A plea in abatement because the defendant is not sued in the county of his residence cannot be sustained unless it negatives the existence of any of the exceptions which, under the statute, would authorize jurisdiction where the suit is brought.</p> <p>2. Cases approved.— Breen v. T. P. R’y Co., 44 Tex., 302, and H. & T. C. R’y Co. v. Graves, 50 Tex., 200, approved.</p> <p>3. Duty op appellant as to transcript.— It is the duty of a party bringing his cause to the supreme court to see that his case was properly presented below, and that the transcript correctly shows this to be so. lio presumptions will be indulged in his favor; on the contrary, in doubtful cases, they will be indulged against him.</p> <p>4. Disqualification op judge — Pleading.— A defendant set up ore temes the disqualification of the presiding judge, on account of the alleged interest of the judge's brother in the suit, and took his exception to the action of the court thereon, which recited that “the objection was overruled without hearing any evidence; ” the record disclosed on this point nothing further. Held,</p> <p>(1) The court cannot presume that evidence was offered to sustain the objection.</p> <p>(2) On the contrary, it will be presumed that no evidence was offered.</p>