Morris County Nat. Bank v. Parrish

WILLSON, C. J.

(after stating the facts as above). The contentions presented by the assignments are that the trial court erred: (1) When he refused to permit appellant to prove by the witness Lasater that the bond sued upon was duly approved by the commissioners’ court; and (2) when he excluded the bond as evidence. It would serve no useful purpose to determine whether the trial court erred as claimed or not, for, if it were determined that he did, we would be bound, nevertheless, to affirm the judgment. It does not appear from the record that appellant either proved or offered to prove that Parrish as county treasurer held moneys he was bound, and failed, to turn over to it. Without such proof, and proof showing the amount of such moneys, appellant would not have been entitled, had the bond been admitted as evidence, to judgment' against appellees. It does not appear from anything in the record that appellant could have made such proof, and we have no right to assume that it could have made it. Therefore, were it conceded that the trial court erred‘as claimed, we could not say, as we must to reverse the judgment, that the error “probably caused the rendition of an improper judgment in the case.” Rule 62a for the Government of Courts of Civil Appeals; Ry. Co. v. Shinn, 153 S. W. 636; Hopkins v. King, 204 S. W. 360; Ry. Co. v. Miller, 190 S. W. 819; Lumber Co. v. Oil Co., 194 S. W. 633.

The judgment is affirmed.

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