Texas Supreme Court November 14, 1884, Case No. 1680 (S. Jacobs, Bernheim & Co. v. Crum)

Walker, P. J. Com. App.

It is assigned as ground of error that the court erred in overruling plaintiffs’ motion (made after the defendant had closed his case on his plea in reconvention) to exclude from the jury the subject of exemplary damages, because there was no evidence tending to support the allegations of the defendant’s plea with respect thereto.

A.