Stroud v. Palmer

Citations

• 66 Tex. 129
• 18 S.W. 344
• 1886 Tex. LEXIS 464

Syllabus

<p>1. Practice—Assignment of error—An assignment of error, questioning the sufficiency of a verdict because it contained no finding upon a given issue, supported by no fuller statement than that “ evidence was introduced thereon,” does not conform to the rules.</p> <p>2. Same—Verdict—The charge to the jury required them, in case they should find improvements to have been made, to find the value thereof. Their verdict contained no finding upon that issue. Held., The judgment upon such verdict will not be set aside unless it appear that the preponderance of evidence showed that improvements had been made. The charge as to the value of improvements was contingent, and the silence of the jury upon that issue determined the doubt as to the existence of improvements.</p>