Marvin v. Pierson

This cause had been regularly set for trial and upon call of the docket was dismissed for want of prosecution, by reason of the agreement above quoted not having been communicated to Judge Nash. Such dismissal by the trial court, if mistakenly ordered, was a judicial and not a clerical error; and, after expiration of the term, an independent proceeding containing all of the elements of a bill of review is essential to again invoke the jurisdiction of the court. Love v. State Bank & Trust Co., 126 Tex. 591, 90 S.W.2d 819. That the parties intended their transactions to be merely an agreed…