Power v. Gillespie
Texas Supreme Court
Appeal from Calhoun. Tried Below Before the Hon. Fielding Jones. This was a petition in the nature of a bill in chancery for a new trial, filed by the appellant against the appellee, for the purpose of obtaining a néw trial of an action of trespass to try title, wherein the appellee had recovered judgment against the appellant for twelve hundred and eighty acres of land on Live Oak Point, in-the county of Refugio.
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Appeal from Calhoun. Tried Below Before the Hon. Fielding Jones. This was a petition in the nature of a bill in chancery for a new trial, filed by the appellant against the appellee, for the purpose of obtaining a néw trial of an action of trespass to try title, wherein the appellee had recovered judgment against the appellant for twelve hundred and eighty acres of land on Live Oak Point, in-the county of Refugio. Upon allegations of surprise and circumvention—the substance of which is indicated in the opinion of the court—the petitioner obtained a temporary injunction against the execution…
1Opinion of the CourtMoore, J.
It is a well settled rule that a new trial will not he granted when a party has permitted a judgment to be recovered against him by his own negligence or laches. Nor has a want of knowledge of facts which it was material for him to know, if by the use of reasonable diligence he might have known them, been held to afford him any ground for relief. The question in such cases always is, not what the party knew, but what, by using reasonable diligence, he might have known. The counsel for the appellant was, evidently, not ignorant that the case, to obtain a new trial of which the present…
2Cited by8 opinions
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Goodhue v. J. Meyers & Co.Texas Supreme Court · 1883
- Glass v. GlassCourt of Appeals of Texas · 1947
- Boley v. BoleyCourt of Appeals of Texas · 1974
- Gambrell v. BruceCourt of Appeals of Texas · 1925
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