Handley v. Leigh
Texas Supreme Court
Error from Bowie. Suit by the defendant in error against the plaintiff in error for the value of a certain quantity of corn. Verdict and judgment for the plaintiff. Motion for a new trial overruled, the plaintiff entering a remittitur as to part of the judgment.
Read the full summary
Error from Bowie. Suit by the defendant in error against the plaintiff in error for the value of a certain quantity of corn. Verdict and judgment for the plaintiff. Motion for a new trial overruled, the plaintiff entering a remittitur as to part of the judgment. In support of the motion for a new trial the affidavit of one of the jurors was filed to the effect that the jury ascertained the amount of the verdict by eacli juror setting down the amount which lie was in favor of finding, adding the whole up and dividing by twelve, the number of the jurors. The defendant had filed interrogatories…
1Opinion of the CourtLipscomb, J.
The questions presented by the bill of exceptions and the .affidavit of the juror are the only grounds that can he considered by us on the record as presented.
*66It has been heretofore decided by this court that when the answers of a-party to interrogatories filed have been returned into court, either can use such testimony if the answers are responsive to the questions propounded. There does not appear to have been any exceptions taken to the propriety of the answers to the interrogatories in the court below. The objection, as presented by the bill of exceptions, is to the right of the…
2Cited by18 opinions
- Bounds v. LittleCourt of Appeals of Texas · 1889
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Caylat v. Houston East & West Texas Railway Co.Texas Supreme Court · 1923
- Freight Terminals, Inc. v. Ryder System, Inc.Court of Appeals for the Fifth Circuit · 1972
- St. Louis Southwestern Railway Co. v. RickettsTexas Supreme Court · 1902
13 more not listed; retrieve them via the Exa API.