25 Tex. 442 | Tex. | 1860
—We are of opinion that there is no error in the judgment.
It is contended by the counsel for the plaintiff in error, that the transcript of the proceedings in the injunction suit of Morrison v. Wintz ought to have been admitted in evidence, for the purpose of showing when the injunction was granted, and as the necessary foundation of further
It was not error in the court to refuse to allow the interrogatories to the plaintiff, filed on the 11th April, 1859, to be taken for confessed against him, because they were not answered. These interrogatories were filed during the progress of the suit, after the original answer was filed, and it does not appear that the plaintiff had any notice of them. They were filed only a few days before final judgment.
The judgment of the court below is
Affirmed.