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27 Tex. 438

Thompson v. Callison

Texas Supreme Court

Decided July 1, 1864

Texas Supreme Court · decided 1864-07-01

Error from Tyler. Tried below before the Hon. J. M. Maxcy. Trespass to try title, brought by the defendants in error against the plaintiff in error, for the recovery of a league of land in Tyler county.

Cited by 1 later decisions — most recently March 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-07-01

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Bell, J.

¶1There is no statement of facts contained in the record, and where such is the case this court will not consider exceptions to the rulings of the court below excluding testimony, unless there be enough in the record to make it clearly appear that the rejected testimony was important, and that its place was not supplied by other testimony. (Hutchins v. Wade, 20 Tex. R., 7; Galbreath v. Templeton, 20 Tex. R., 45.)

¶2We do not, however, perceive any error in the rulings of the court below upon the admissibility of evidence.

¶3In the absence of a statement of facts, this court will not consider the judgment of the court below overruling a motion for a ■new trial on the ground of newly discovered evidence.

¶4The judgment of the court below is affirmed.

¶5Judgment affirmed.

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