Burke v. Thomson
Texas Supreme Court
Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The first trial of this case in the Supreme Court is not reported in 24 Tex.
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Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The first trial of this case in the Supreme Court is not reported in 24 Tex. It is believed to have been controlled by Thomson v. Bishop, 24 Tex., 802; same case, ante 154. In that case, the point decided was upon the effect of an amendment made upon motion of the plaintiff’s attorney, after suing out a writ of error, with notice only to the attorney who signed the petition for the writ. The whole proceeding is unique. The original suit was upon a note for §200 and interest. The sheriff’s…
1Opinion of the CourtMoore, C. J.
If we were to regard merely the literal import of the language used by Mr. Justice Roberts, in the first part of the opinion delivered in the case of Thomson v. Bishop, (24 Tex., 302,) when formerly before this court, it would lead to the conclusion that the judgment in this case is erroneous. “The question,” he says, “in this case is, whether or not, after the term of the court at which a judgment is rendered, the sheriff can amend a defective return of service, upon a mere motion made by the plaintiff below, with notice thereof served upon the attorney of the defendant below who had filed a…
2Cases cited1 opinion
- Thomason v. BishopTexas Supreme Court · 1859
3Cited by4 opinions
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- Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934