Legal Opinion

G., C. & S. F. R'y Co. v. Conner

Court of Appeals of Texas

Decided February 27, 1884No. 1590PublishedCited by 2 opinions

Error from Colorado County.

1Opinion of the Court

Opinion by

White, P. J.

§ 199. Certiorari; motion to dismiss must be made at the return term; supplemental motion. The rule is well settled that a motion to dismiss or quash a writ of certiorari cannot be made after the return term. [O’Brien v. Dunn, 5 Tex. 574; Ables v. Pearle, 10 Tex. 285; Gabel v. City of Houston, 29 Tex. 335; Mowery v. Lanson, 12 Tex. 31.] And the fact that a motion was made and overruled at the return term does not authorize a supplemental motion, embracing additional grounds, to be made and determined at a succeeding term of the court. [Holt v. McCaskey, 14 Tex. 229;…

2Cases cited4 opinions

  1. Gabel v. City of HoustonTexas Supreme Court · 1867
  2. Holt v. McCaskyTexas Supreme Court · 1855
  3. Mowery v. LawsonTexas Supreme Court · 1854
  4. Ables v. PearleTexas Supreme Court · 1853

3Cited by2 opinions

  1. Hinton v. JohnsonCourt of Appeals of Washington · 1997
  2. Love v. M'alisterTennessee Supreme Court · 1817

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