Dow v. Hotchkiss
Texas Supreme Court
This suit was instituted in the court below by the plaintiffs in error against the defendants, and while pending, the court, at the instance of the defendant, continued it for the term, for reasons deemed insufficient by the plaintiffs, and to revise which they brought it into this court by writ of error.
1Opinion of the CourtJustice Lipscomb
In this case no final judgment has been rendered in the court below. The object of the writ of error is to review the decision of the presiding judge in the court below in granting to the defendant a continuance of the cause. We presume the writ was taken out under the 14th section of the act of 1846, to regulate judicial proceedings in the district courts. It is in the following words: “The judges of the supreme or district court only shall grant writs of error on interlocutory judgments.” We do not believe that it was the intention of the legislature, nor is it within the fair…
2Cited by1 opinion
- Jones v. Texas Indemnity Ins. Co.Court of Appeals of Texas · 1929