Carolan v. Jefferson

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Tried below before the Hon. Thomas J. Devine. This was a suit by Charles E. Jefferson against John M. Carolan, for $258.72, due on account.

Key passage — most relied on by later courts

“The bill of exceptions assumes to state all the facts; but being only a bill of exceptions, the parties were not required to agree to it in the first instance, and the appellee was not bound to see that the facts were stated, except so far as might be necessary to present the objection to the evidence; and indeed he had no control over it.”

quoted by 1 later decision, including St. Paul Fire & Marine Ins. v. Earnest

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 5 later decisions — most recently February 1970

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Roberts, J.

¶1The judgment must be sustained. The evidence was admissible, not being more general than the allegations of the petition. The proper objection would have been directed to the petition, by a special exception for generality.

¶2The objection, that facts do not sustain the verdict, because it was not proven, that Carolan was clerk of the District Court, is not tenable. The bill of exceptions, assumes to state all of the facts; but being only a bill of exceptions, the parties were not required to agree to it in the first instance, and the appellee was not bound to see that the facts were stated, except so far as might be necessary, to present the objection to the evidence; and indeed he had no control over it. He should not, therefore, be bound by it,.as a statement of facts.

¶3Judgment affirmed.