Lewis v. City of San Antonio
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. This was a suit brought by the appellant against the appellee to try title to a lot or parcel of land in the city of San Antonio, and also to review the judgment of the Supreme Court in the case of San Antonio v. Lewis, reported in 15th Tex. R., 388. Tor the facts of the case, reference is made to that report and to the opinion in this cause.
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Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. This was a suit brought by the appellant against the appellee to try title to a lot or parcel of land in the city of San Antonio, and also to review the judgment of the Supreme Court in the case of San Antonio v. Lewis, reported in 15th Tex. R., 388. Tor the facts of the case, reference is made to that report and to the opinion in this cause. This suit was originally instituted in the District Court of Bexar county, whence the venue was changed to Guadalupe in consequence of the disqualification of the judge of the Bexar…
1Opinion of the CourtMoose, J.
The petition of appellant, who was the plaintiff below, was framed for the purpose of seeking relief in two aspects. In one, it is intended as a bill of review to annul a former judgment by this court. In the other, it is an action of trespass to try title.
Although the right to review the former decision of this court has been somewhat insisted upon in the argument by appellant’s counsel, it appears that on the trial of the case below no notice was taken of this aspect of the caso, either by the court or by the parties. And we think that it is very evident, although there was no exception to…
2Cases cited3 opinions
- Seguin v. MaverickTexas Supreme Court · 1859
- Fisk v. MillerTexas Supreme Court · 1857
- San Antonio v. LewisTexas Supreme Court · 1855
3Cited by7 opinions
- Jones v. ParkerTexas Supreme Court · 1886
- Magee v. Chadoin's Ex'rTexas Supreme Court · 1876
- Webster v. MannTexas Supreme Court · 1881
- Talbert v. BarbourCourt of Appeals of Texas · 1897
- Ex Parte AndersonCourt of Criminal Appeals of Texas · 1904
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