Price v. Cole
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The opinion of the court states all the material facts. G-ay’s judgment was recorded in February, 1866. In this court, counsel for Cole, the intervenor and one. of the appellees, moved the court to strike out the charge of the court below to the jury, on the ground, that it was not comprised within the agreed case, and. consequently was not properly part of the record.
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The opinion of the court states all the material facts. G-ay’s judgment was recorded in February, 1866. In this court, counsel for Cole, the intervenor and one. of the appellees, moved the court to strike out the charge of the court below to the jury, on the ground, that it was not comprised within the agreed case, and. consequently was not properly part of the record. This motion was overruled in the following opinion:
1Opinion of the CourtOgden, J.
The agreement in this cause appears to have especial reference to the pleadings of the parties and the statement of facts. It does not include the charge of the court, the verdict of the jury, or the judgment thereon. The record contains the judgment of the court, which recites the verdict. But it fails to show the charge of the court given, or those refused, which we consider material to the proper understanding of the cause. The motion, therefore, to strike out is overruled. But a certiorari to bring up the entire record may be had by either party, if it should be desired.
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2Cases cited8 opinions
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