Zapp v. Michaelis

Citations

• 58 Tex. 270
• 1883 Tex. LEXIS 12

Syllabus

<p>1. Damages—Charge op court.— In a suit brought to compel the execution of a deed in accordance with the terms of a bond, and damages for its non-delivery, damages were also claimed for wrongfully closing up a street “ for two years next preceding the filing ” of a supplemental petition. Held, that a charge instructing the jury that, if they should find damages for plaintiff, they should return a verdict for such damages as he had suffered.by closing the street from “ two years preceding the filing of the petition to the time of trial,” was error.</p> <p>2. Verdict.—When the evidence is so conflicting that the jury might well be justified in finding either way, the verdict will not be disturbed; ” but the supreme court has never failed, when the occasion, in their opinion, required it, to set aside a verdict that was clearly wrong; as where it was without evidence, or manifestly against the weight of evidence.”</p> <p>3. Practice in supreme court — Remittitur.— When, under the charge of the court, which was correct except as to the basis on which damages were allowed to appellee, a verdict was returned for him for damages, with no sufficient evidence to support it, he was permitted by the supreme court to file within twenty days a remittitur of such damages, as a condition on which the judgment should be affirmed in other respects, but on his failure to file such remittitur, the judgment to be reversed.</p>