NUNN v. DALY

6 Citing cases

  1. Adams v. Houston B.s&sT. Ry. Co.

    405 S.W.2d 838 (Tex. Civ. App. 1966)   Cited 8 times

    ' In Numm v. Daly, Tex.Civ.App., 150 S.W.2d 834, writ dism., judgment cor., the court stated: 'The rules governing the authority of an appellate court to set aside a verdict because of inadequacy are the same as those applicable to an excessive verdict.

  2. Baker v. Sturgeon

    361 S.W.2d 610 (Tex. Civ. App. 1962)   Cited 9 times

    "Where no affidavit or other written statement of a juror is furnished the court in a comparable situation, it is incumbent upon the party complaining to make a bill of his proffered testimony or a sufficient part thereof to show the court his action is based 'upon knowledge and not suspicion or hope.' [ 139 Tex. 478, 163 S.W.2d 646] Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834; Hobbs v. Slayton, Tex.Civ.App., 265 S.W.2d 838. * * *" The absence of a record showing the answers expected from the jurors Perkins and Parish, and that such evidence would have been favorable to the appellants' contention, subverts the base of review on appeal.

  3. Roberts v. State

    350 S.W.2d 388 (Tex. Civ. App. 1961)   Cited 23 times

    In condemnation, as in other cases, the rules governing the authority of an appellate court to set aside a verdict because of inadequacy are the same as those applicable to excessive verdicts. Schooler v. State, Tex.Civ.App., 175 S.W.2d 664, W/E Ref. W. M.; Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, W/E Dis. judg. cor. And the appellate court will reverse and remand a condemnation case where the damages awarded are inadequate or without support in the evidence, or against the great weight and preponderance of the evidence.

  4. Moran Utilities Co. v. Mchaney

    325 S.W.2d 712 (Tex. Civ. App. 1959)   Cited 9 times

    Moreover, appellant failed to request the court, after it had sustained the exceptions, for permission to place one or more of the jurors in attendance on the stand for the purpose of making a bill of exception as to what such juror or jurors would testify to about misconduct. Where no affidavit or other written statement of a juror is furnished the court in a comparable situation, it is incumbent upon the party complaining to make a bill of his proffered testimony or a sufficient part thereof to show the court his action is based 'upon knowledge and not suspicion or hope.' [ 139 Tex. 478, 163 S.W.2d 646.] Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834; Hobbs v. Slayton, Tex.Civ.App., 265 S.W.2d 838. Appellant refers us to several cases on the point of jury misconduct here involved, but its principal reliance is upon the Roy Jones Lumber Co. case, supra, and Freedman Packing Co. v. Harris, Tex.Civ.App., 160 S.W.2d 130. In both these cases after exceptions were sustained to allegations of jury misconduct, detailed statements were tendered the court which showed with specific detail the jury misconduct complained of.

  5. Thompson v. State

    319 S.W.2d 368 (Tex. Civ. App. 1958)   Cited 15 times

    In condemnation, as in other cases, the rules governing the authority of an appellate court to set aside a verdict because of inadequacy are the same as those applicable to excessive verdicts. Schooler v. State, Tex.Civ.App., 175 S.W.2d 664, W/E Ref.W.M.; Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, W/E Dis. judg. cor. And the appellate court will reverse and remand a condemnation case where the damages awarded are inadequate or without support in the evidence, or against the great weight and preponderance of the evidence.

  6. Hobbs v. Slayton

    265 S.W.2d 838 (Tex. Civ. App. 1954)   Cited 5 times

    There were no affidavits of any of the jurors attached to the motion; no written unsworn statements of the jurors attached thereto or tendered to the court, as in the case of Jones Lumber Company v. Murphy, 139 Tex. 478, 163 S.W.2d 644; no allegations in the motion to disclose a reasonable explanation or excuse for the failure to have such affidavits so exhibited and no affidavits tendered in this case such as in the case of Freedman Packing Co. v. Harris, Tex.Civ.App., 160 S.W.2d 130. The trial court sustained these special exceptions and dismissed the jurors. Appellants do not bring forward a formal bill of exception showing what these jurors would testify to, nor does the statement of facts in any way disclose what these jurors would testify to. The case of Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, error dismissed, judgment correct, holds that an assignment that trial court erred in refusal to allow interrogation of foreman of jury on hearing on motion for new trial which was supported by bill of exception that did not show what the testimony of the juror would have been had he been permitted to testify, did not disclose reversible error since the court of civil appeals could not assume that the juror would have testified to facts which would vitiate his verdict. Irrespective however of whether this point is properly presented for review, affidavits of jurors not being attached to the amended motion for new trial, there being no reasonable explanation or excuse why such affidavits could not be secured and exhibited therewith, no affidavits tendered as in the Freedman case, supra, and no unsworn written statements of the jurors tendered as in the Jones v. Murphy case, supra, we hold that it was within the sound discretion of the trial judge as to whether he would hear testimony