Secrest v. Best
Texas Supreme Court
Appeal from Colorado. The appellant brought suit against Best and another on a promissory note. There was a verdict and judgment for the plaintiff. A new trial was granted upou condition that defendants should pay all costs on or before the first day of the next term. On the fact being made known that the costs liad not been paid, the court, at the succeeding term, set aside the conditional-order for a new trial and ordered execution to issue.
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Appeal from Colorado. The appellant brought suit against Best and another on a promissory note. There was a verdict and judgment for the plaintiff. A new trial was granted upou condition that defendants should pay all costs on or before the first day of the next term. On the fact being made known that the costs liad not been paid, the court, at the succeeding term, set aside the conditional-order for a new trial and ordered execution to issue. Subsequently the court set aside this last order, on payment of the costs into court, and granted a new trial. At the second trial there was a verdict…
1Opinion of the Court
1/IPSCOMB, J.
The first point presented for our consideration by the assignment of errors involves the legality of the ordergranting a new trial on condition that the defendants should pay all costs on or before the first day of the next succeeding term. It'is contended by the appellant’s counsel that an order for a new trial on such terms is a nullity and did not set aside the judgment., He relies in support of his proposition on the last clause in article 766 of the Digest. It is as follows: “All motions for new trials in arrest of judgment, or to set aside a judgment, shall be determined at…
2Cited by3 opinions
- Town v. GuerguinTexas Supreme Court · 1900
- Fenn v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1890
- Barker v. Merchants National BankTexas Supreme Court · 1895