G., C. & S. F. R'y Co. v. Conner
Court of Appeals of Texas
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
- Gabel v. City of HoustonTexas Supreme Court · 1867
- Holt v. McCaskyTexas Supreme Court · 1855
- Mowery v. LawsonTexas Supreme Court · 1854
- Ables v. PearleTexas Supreme Court · 1853
3Cited by2 opinions
- Hinton v. JohnsonCourt of Appeals of Washington · 1997
- Love v. M'alisterTennessee Supreme Court · 1817