Public-domain · open source
OpenJurist

40 Tex. 135

Pridgen v. Walker

Texas Supreme Court

Decided July 1, 1874

Texas Supreme Court · decided 1874-07-01

Error from Houston. Tried below before the Hon. Leroy W. Cooper. Baughn and Walker having recovered a judgment against B. F. Pridgen in Houston County District Court, on March 26, 1870, had execution issued and levied on the premises in controversy, the legal title to which was at that time in Alice Pridgen, wife of B. F. Pridgen, and which she claimed as her separate property, and therefore not liable for the debts of her husband.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 11 later decisions — most recently July 1939

11 state decisions

401874188018901900191019201930decided

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.

View the full empirical analysis of this case →

Moore, Associate Justice.

¶1We see nothing in the instructions given the jury by the court of which the plaintiff in error can complain. If there was, the objections to it are indicated so vaguely and indefinitely by the. assignment of errors, as well as the motion for a new trial, it might be well questioned, unless it was quite apparent that it caused injustice to be done, whether the court should notice it. The necessity of specifically indicating in the record the ruling of the court to which objection is made has been repeatedly reiterated by this court.

¶2We cannot say that the verdict is without evidence, or that the jury were not warranted in the conclusion at which they arrived, in view of all the facts and circumstnces of the case as presented to them. Although defendant in ¡error, in his cross-examination of Pridgen, inquired as to matters about which he had not testified in examination-in-chief, yet the jury were not therefore *139bound to accept Ms statements as to a particular or isolated fact, however strong it must be regarded as in favor of plaintiffs in error, if it stood alone as absolutely and conclusively binding upon them. But they were authorized to consider all of his statements in connection with the other facts and circumstances before them, and form such conclusion as truth and justice demanded, in view of the entire evidence submitted to them, even if in doing so they felt constrained to conclude that the witness had been mistaken or in error in some of the statements made on his examination by defendants in error.

¶3There being no error in the judgment of the District Court, it is therefore affirmed.

¶4Affirmed.

/40/tex/135 · .json · Public domain