Caperton v. Wanslow
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by plaintiff in error against defendant in error and one A. W. Caperton, commenced July 13th, 1855, on the joint promise of the defendants in writing, as follows : Dec. the 9th, 1853. We, M. T. & A. W. Caperton, have this day bought of Joseph Wanslow one wagon and five yoke of oxen, for which we agree to pay three hundred and sixty dollars in work, as follows : for breaking prairie four dollars per acre,…
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by plaintiff in error against defendant in error and one A. W. Caperton, commenced July 13th, 1855, on the joint promise of the defendants in writing, as follows : Dec. the 9th, 1853. We, M. T. & A. W. Caperton, have this day bought of Joseph Wanslow one wagon and five yoke of oxen, for which we agree to pay three hundred and sixty dollars in work, as follows : for breaking prairie four dollars per acre, and for hauling rails from the cedar brakes three dollars per hundred; about six acres to be broke within one month) and…
1Opinion of the CourtWheeler, J.
It is the well settled doctrine of this Court, that, to entitle a party to have the judgment of a former Term set aside and a new trial awarded, he must make out a case which would have entitled him to a new trial, if applied for at the Term, and show a sufficient legal excuse for not having then made his application. (13 Tex. R., 444; Spencer v. Kinnard, 12 Id. 181; Goss et al. v. McClaran, 17 Id.) The petitioner has manifestly failed to bring his application within the rule. No excuse is shown for not having made the application within the Term. It is not averred that the party did not know…
2Cited by27 opinions
- Dallas Electric Supply Co. v. Branum Co.Texas Supreme Court · 1945
- Duren v. Houston & Texas Central Railway Co.Texas Supreme Court · 1893
- Gehret v. HetkesTexas Commission of Appeals · 1931
- Moore v. MooreCourt of Appeals of Texas · 1924
- San Pedro, Los Angeles & Salt Lake Railroad v. Board of EducationUtah Supreme Court · 1909
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