McDonald v. Cross
Texas Supreme Court
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
- Ward v. McRimmondTexas Supreme Court · 1854