Hartzell v. Jones
Texas Commission of Appeals
Appeal from Havarro county. Opinion by Watts, J. Statement.— Appellee instituted this suit against appellant, July 18, 1870, to recover a certain tract of land situated in Eavarro county. The form of the action was trespass to try title, and appellee also sought therein to remove a cloud from his asserted title.
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Appeal from Havarro county. Opinion by Watts, J. Statement.— Appellee instituted this suit against appellant, July 18, 1870, to recover a certain tract of land situated in Eavarro county. The form of the action was trespass to try title, and appellee also sought therein to remove a cloud from his asserted title. By amended petitions filed at different times, appellee claimed title to the land by purchase from Henry Cooke; alleged that appellant also claimed title to the land by a purchase from Cook prior in point of time to the purchase by appellee, but that said purchase by appellant was…
1Opinion of the Court
Opinion.— The statute, in effect, provides that all motions for new trial, in arrest of judgment, or to set aside a judgment, shall be made within two days after the rendition of the verdict, if the term continues that long, and if not, then before the end of the term; and that such motion shall be determined at the term when made.
In the case of McKean v. Ziller, 9 Tex., 58, a motion for new trial was made at the term when the judgment was rendered. The court took the same under advisement, and at the next term sustained the motion and granted a new trial. The court held that the statute is…
2Cases cited5 opinions
- Overton v. BlumTexas Supreme Court · 1878
- McKean v. ZillerTexas Supreme Court · 1852
- Bryorly v. ClarkTexas Supreme Court · 1877
- McFarland v. HallTexas Supreme Court · 1856
- Danzey v. SmithTexas Supreme Court · 1849
3Cited by1 opinion
- Beene v. National Liquor Co.Court of Appeals of Texas · 1916