White v. Van Horn

Citations

• 159 U.S. 3
• 15 S. Ct. 1027
• 40 L. Ed. 55
• 1895 U.S. LEXIS 2281

Syllabus

<p>It is competent to explain by proof declarations of a privy in interest, admitted in evidence without objection, although they might have been found inadmissible, if objected to.</p> <p>An objection going to the effect, and not to the admissibility of evidence, should be disregarded.</p> <p>A request to instruct a verdict for the defendant should be disregarded when the evidence is conflicting,</p> <p>A request to charge may be disregarded when the court has already fully instructed the jury on the point.</p> <p>The court should refuse to charge upon a purely hypothetical statement of facts, calculated to mislead'the jury.</p> <p>The law of Texas in regard to forgery considered.</p> <p>An .objection to one of a number of charges is unavailable when the charge, taken as a whole, fairly states the question which the jury is to decide by preponderance of proof.</p> <p>When the defendant in an action of ejectment in Texas sets up that his title was founded on a warranty'deed, and has the warrantor summoned in to defend, and the plaintiff recovers judgment, the defendant may have judgment against the warrantor for the amount of the purchase money, with interest from the day of the sale.</p>