Ponton v. Bellows
Texas Supreme Court
Appeal from Lavaea. This was a contest respecting the right to administer on an estate. The record contained the following bill of exceptions: “ Spring Term, 1853. The defendant filed his motion to “ dismiss this cause from the docket for the reasons set forth “ in the said motion, and it appeared to the Court from the c‘ said transcript of the record of the cause, that this cause had H been removed by the order of the District Court of Gon- “ zales county to Lavaca county…
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Appeal from Lavaea. This was a contest respecting the right to administer on an estate. The record contained the following bill of exceptions: “ Spring Term, 1853. The defendant filed his motion to “ dismiss this cause from the docket for the reasons set forth “ in the said motion, and it appeared to the Court from the c‘ said transcript of the record of the cause, that this cause had H been removed by the order of the District Court of Gon- “ zales county to Lavaca county in October, 1851, and that “ the same had not been docketed in Lavaca county until the “Spring Term, 1853; the Court…
1Opinion of the CourtWheeler, J.
The ground of error relied on is the refusal of the Court to strike the case from the docket on the motion of the appellee.
*256In the recent case of Gillespie v. Redmond, (Ante,) it was held that the omission to place the case on the docket of the Court to which it was transferred, at the Term next succeeding the change of venue, would not necessarily operate a discontinuance. That consequence might be obviated by satisfactorily accounting for the delay. It certainly would require very cogent reasons satisfactorily to explain the delay which appears in this case. How it was explained does not…
2Cited by14 opinions
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- Bogle v. LandaTexas Supreme Court · 1936
- Brooks Supply Co. v. HardeeCourt of Appeals of Texas · 1930
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