Angell v. Street & Thompson
Texas Supreme Court
Error from Rusk. Tried below before Hon. C. A. Frazer. Suit upon an account for merchandize. Judgment for defendant in error, and a motion for a new trial, based upon affidavit, which was refused, and this refusal is argued as error. There is no statement of facts or bill of exceptions in the record.
1Opinion of the CourtRoberts, J.
In this case there was an application for a new trial by one of the defendants.
*487Apparently it presents a very strong case, and is well supported by the affidavit of the witness, whose absence is complained of. As there is no statement of facts or bill of exceptions in the record, it is impossible for this Court to know, through any legitimate channel, how much evidence was adduced on the trial, and how variant it was from that which the defendant states could have been adduced, and therefore its relative importance cannot be determined. At any rate, under such circumstances, this Court cannot…
2Cited by2 opinions
- Douglas v. BakerTexas Supreme Court · 1891
- Wade & Charlton v. Buford & ZeiglerTexas Commission of Appeals · 1880