Whitaker v. Gee

Citations

• 61 Tex. 217
• 1884 Tex. LEXIS 77

Syllabus

<p>i 1. Final judgment — Parties.—When suit is instituted against two or more, in which judgment is rendered in favor of all the defendants except one, who is not referred to in- the judgment, the judgment is not a final’ judgment from which an appeal may be taken, no order having been entered dismissing the cause as to the defendant not mentioned in the judgment.</p> <p>3. Practice — Bill of exceptions.— To entitle one to a revision of the ruling of the court below in regard to the admission or rejection of evidence, the matter must be so presented by bill of exceptions, filed in proper time, as to enable the court to fully understand and know all the facts on which the correctness or error of the ruling depends. Hence, when the decision of a question attempted to be raised by exception depended on knowing the contents of a deposition, and the transcript contained an agreement signed by counsel as to what papers should be copied therein, and among those copied was the deposition, but there was no agreement, signed by counsel and approved by the trial court, that such deposition was used or offered on the trial, the bill of exceptions cannot be considered.</p> <p>3. Agreed case — Transcript.—In an agreed case, under art. 1414, the documentary or other evidence condensed must be agreed upon as evidence actually introduced or rejected on the trial, and the rulings of the court when questioned must be shown, all of which must be approved by the judge and filed among the papers of the cause.</p>