Jones v. Cavasos
Jones v. Cavasos
Opinion of the Court
The correctness of the ruling of the court
It has been repeatedly held by this court, that the materiality of the excluded testimony must be made to appear by statement of facts or bill of exceptions, which should set forth the testimony itself, so that this court may determine its materiality, and .whether the complaining party has been injured by the erroneous ruling of the court. (21 Tex., 407; 7 Tex., 593.) If it appear that a link in the chain of the title was improperly excluded, the court might infer its materiality and consequent injury, and reverse the judgment. (17 Tex., 70; 18 Tex., 55.)
In this case the plaintiffs have not taken the pains to set forth in bill of exceptions or' statement of facts any part of the excluded papers; and we cannot see or say that any of them appertain at all to the locus in quo; or, if they do, that “the package of papers in the exidos Matamoros” afforded one valid link in this chain of title to the land sued for; and we must say that we see nothing in the record going in the least to show that the plaintiffs have been deprived of any right, or in the least injured by the
We deem it unnecessary to notice any other assignment of errors,- and, as no error is apparent for which the judgment should be reversed, the same is therefore
Affirmed.
Reference
- Full Case Name
- Simon L. Jones v. Maria Josefa Cavasos
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Where the plaintiff had sued in trespass to try title, and the defendant plead in reconvention title in himself, and the plaintiff declined to prosecute his suit, and the defendant proved his title, and there was no statement of facts, the court will not consider whether or not there was error in excluding papers which did not in themselves constitute a muniment of title. It is not the duty of the court to inquire into the correctness'of the ruling excluding evidence, unless the bill of exceptions shows that the evidence was material, and for that purpose the evidence ought to be set out in the bill of exceptions. (Paschal’s Dig., Art. 217, Note 280.)