Kelso v. Townsend (13 Tex. 140, 1854)

Lipscomb, J.

In this case, if the charge of the Court and finding of the jury can be considered with reference to what purports to be a statement of the facts in the record, there is manifest error; but if the statement of facts, as contended by appellee it should be, is no part of the record, and should be excluded from it, the charge would stand as an abstract proposition, and there .would be nothing to show what was the evidence before the jury. The statement- of facts, found on record, is signed by the counsel for the appellant only, and the Judge certifies under his seal that he “ signed the fore-