Texas Supreme Court, 1871

Maddox v. Dial

Maddox v. Dial
Texas Supreme Court · Decided July 1, 1871 · Evans
34 Tex. 571

Maddox v. Dial

Opinion of the Court

Evans, P. J.

This suit was brought by the former wards of Dial against him and his securities on his bond as guardian. .

There was a verdict and judgment rendered for the defendants.

The principal error relied upon by the appellants is the following charge of the court: “ That the plaintiffs having failed to

read in evidence the bond of Dial, or a copy of the same, the jury cannot return a verdict against Dial’s securities.”

We are of opinion there is no error in this charge. But independent of' the charge, which applied only to the securities on the-bond, the jury, with all the facts before them, rendered a verdict in favor of the principal, Dial.

The judgment is therefore affirmed.

Affirmed.

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