Hillebrant v. Brewer
Texas Supreme Court
Error from Jefferson. Motion to dismiss. The defendants in error recovered judgment against the plaintiff in error at the Pall Term, 1850, of tlie District Court for Jefferson county for the sum of five hundred and eighty-«ix dollars and fifty cents.
Read the full summary
Error from Jefferson. Motion to dismiss. The defendants in error recovered judgment against the plaintiff in error at the Pall Term, 1850, of tlie District Court for Jefferson county for the sum of five hundred and eighty-«ix dollars and fifty cents. On the St.h day of November thereafter the plaintiff in error filed with the clerk of the District Court his petition for a writ of error, in which he stated the names of tlie parties to the judgment, the term of the eourt at which it-was rendered, and its amount to be “some five hundred dollars.” In his petition lie assigned as error the ruling…
1Opinion of the CourtWheeler, J.
It is objected that the petition does not give the date of the judgment, and that it is variant from it in the amount stated.
In describing the judgment, it was sufficient to state the term of the court, without also stating the" day of the term on which it was rendered.
The amount of the judgment is not accurately stated in the petition, but. the citation which was served upon the defendants described the judgment with accuracy, and by it the defendants were apprised of the precise judgment sought to be reversed.
The petition is simply the authority to the clerk to issue the citation, and upon…
2Cases cited1 opinion
- Ellison v. StateSupreme Court of Alabama · 1845
3Cited by6 opinions
- Weems & Waldo v. WatsonTexas Supreme Court · 1897
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Diamond Cattle Co. v. ClarkWyoming Supreme Court · 1937
- Graham v. SternsTexas Supreme Court · 1856
- Clarendon Land Investment Agency Co. v. McClelland Bros.Texas Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.