The Laws of Texas, 1822-1897 Volume 2 Page: 265
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Laws of the Republic of Texas.
91
the papers of the cause, and such release, made in either of the
forms aforesaid, shall cure any error of such excess.
Sec. 19. If the record of any such judgment shall be removed
in an appellate court before such a release shall be made, it shall
be competent for the defendant in error to make such release as
aforesaid in the appellate court, and thereupon the said court after
reversing the jucdgment, shall proceed to give such judgment as
the court below ought to have given, if the release had been filed
therein.
Sec. 20. If any action be brought on a bond or other writing
filed in any suit brought thereupon in any other court of this
Republic, it shall be sufficient for the plaintiff to file with his
petition, a copy of such bond or other writing, attested by the
clerk of the court in which the original may be filed, and the defendant
or defendants shall be obliged to plead thereto in like
manner as if the original bond or writing was filed, and such copy
shall be admitted as evidence on the trial; If however, the defendant
or defendants shall plead and file an affidavit under oath, that
the original bond or writing is not his, her or their deed, the clerk
of the court having such original papers in his custody, shall on
being summoned as a witness, attend with the same on trial of the
issue, for the inspection of the jury.
Sec. 21. In controversies affecting lands, tenements or hereditaments,
possession of part shall not be construed as possession of
the whole, when any actual or adverse possession can be proved.
Sec. 22. Interpreters may be sworn truly to interpret when necessary.
Sec. 23. Papers read in evidence, though not under seal, may
be carried from the bar by the jury.
Sec. 24. Every person desirous of suffering a non-suit on trial
shall be barred therefrom, unless he do so before the jury retire
from the bar.
Sec. 25. New trials may hereafter be granted, as well when the
damages are manifestly too small as when they are excessive.
Sec. 26. Not more than two new trials shall be granted to the
same party in the same case.
Sec. 2'. All vouchers. views, (?) essions, and also trials by
wager of battle, and wager by law, be and are hereby taken away
and repealed.
Sec. 28. In all actions of assault and battery and slander, commenced
and prosecuted in the district court, if the jury find under
the sum of twenty dollars, the plaintiff in such case shall not recover
any costs.(265 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/269/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .