Legal Opinion

McDonald v. Cross

Texas Supreme Court

Decided July 1, 1856Published

Error from Eannin. Tried before the Hon. William S. Todd. * Certiorari to Justice’s Court. It appeared from the docket entries of the Justice, that after a trial by jury, McDonald moved for a new trial, which was granted, and the cause ordered to be continued ; and that McDonald afterwards “ appeared by attorney and dismissed his motion for a new trial.”

1Opinion of the CourtWheeler, J.

It does not become necessary to pass upon the legal sufficiency of the petition ; for the reason that there *563is another ground upon which the judgment must be affirmed. It appears by the transcript brought before the Court in obedience to the certiorari, that the petitioner asked and obtained a grant of a new trial before the Justice ; and that he voluntarily declined it after it was granted. Though he was not bound to apply for a new trial, in order to entitle him to a certiorari, (Ward v. McRimmond, 12 Tex. 314,) yet having done so, and having obtained the grant of it, he was not entitled to…

2Cases cited1 opinion

  1. Ward v. McRimmondTexas Supreme Court · 1854

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