Davis v. Ransom
Texas Supreme Court
Error from Ellis. Tried below before the Hon. H. Barksdale. Ransom sued Davis on a sworn account for $510.68, December 25, 1874; Davis answered by general denial, not under oath, January 7, 1875. On January 14, 1875, the cause was tried and resulted in a verdict and judgment against Davis for $512.14; the judgment reciting that “ This day came the parties by their attorneys and announced ready for trial.”
Read the full summary
Error from Ellis. Tried below before the Hon. H. Barksdale. Ransom sued Davis on a sworn account for $510.68, December 25, 1874; Davis answered by general denial, not under oath, January 7, 1875. On January 14, 1875, the cause was tried and resulted in a verdict and judgment against Davis for $512.14; the judgment reciting that “ This day came the parties by their attorneys and announced ready for trial.” Hext day Davis filed his motion for a new trial, based upon the ground that, a few days before the trial, he and Ransom made an agreement to refer the matters between them to a referee, and…
1Opinion of the Court
Watts, J. Com. App.
As to whether counter affidavits can be sustained by the court below, in passing upon a motion for new ■ trial, based upon matters outside of the record, supported by the affidavit of the party making the motion, is the question presented by this appeal.
In passing upon motions for new trial the court exercises a discretion, and that discretion is more enlarged when the motion is based upon matters dehors the record, and which are supported by the affidavit of the interested party alone.
Appellant urges with zeal the proposition that the court cannot inquire into the truth of…
2Cases cited2 opinions
- Dignowitty v. StateTexas Supreme Court · 1856
- Augustine v. StateTexas Supreme Court · 1857