Mays v. Forbes
Texas Supreme Court
Error from Colorado. Motion to dismiss, on the ground (1) that there liad been a former writ of error in same case, which had been dismissed;', and (2) that there was no seal of court over tito tie of the transcript. Motion by the plaintiffs in error for a certiorari to perfect tiie transcript.
1Opinion of the CourtWheeler, J.
The practice of the court lias settled that the having prosecuted a writ of error, which has been dismissed for any informality or defect in prosecuting ir, will not bar another writ of error. The first writ having-been dismissed, it was competent for the plaintiff in error to proceed anew by petition for a second writ.
The requisition of a seal upon the tie of the transcript is for the purpose of preserving the record from the possibility of change or mutilation. Without it the record is incomplete; and the practice has been to dismiss the writ, unless the appellant or plaintiff' in error…
2Cited by2 opinions
- Long v. SmithTexas Supreme Court · 1873
- Conner v. DownesCourt of Appeals of Texas · 1903