Summerlin v. Reeves
Texas Supreme Court
Error from Goliad. The case was. tried before Hon. M. P. Horton, one of the district judges. Daniel Lloyd and wife, L. L. Lloyd, sued Ebenezer Summerlin and Eliza Summerlin, his wife. Daniel Lloyd died pending the suit, and John Eeeves, his executor, was made a party in his stead. The plaintiffs recovered a money judgment and a decree to enforce the vendor’s lien.
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Error from Goliad. The case was. tried before Hon. M. P. Horton, one of the district judges. Daniel Lloyd and wife, L. L. Lloyd, sued Ebenezer Summerlin and Eliza Summerlin, his wife. Daniel Lloyd died pending the suit, and John Eeeves, his executor, was made a party in his stead. The plaintiffs recovered a money judgment and a decree to enforce the vendor’s lien. From this judgment the defendants appealed and gave bond on the 5th December, 1858. On the 12th December, 1860, the defendants filed their petition for a writ of error. [I suppose they had not carried up the case on…
1Opinion of the CourtCoke, J.
A motion is made on various grounds to dismiss this case. And, among others, because the 'petition for the writ of error describes the judgment as having *88been rendered in favor of John Reeves, executor of Daniel Lloyd, deceased, when in fact (and it is so shown by the record) the judgment was rendered in favor of John Reeves, executor of Daniel Lloyd, deceased, and L. L. Lloyd.
The motion to dismiss cannot be maintained on this ground, because the misdescription is cured and the judgment sufficiently identified by the writ of errror issued by the clerk, .which does sufficiently describe the…
2Cases cited2 opinions
- Johnson v. RobesonTexas Supreme Court · 1864
- Weight v. WilliamsTexas Supreme Court · 1854
3Cited by14 opinions
- Needham v. CooneyCourt of Appeals of Texas · 1915
- Barmore v. DarraghCourt of Appeals of Texas · 1921
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Thompson, Morris & Co. v. Pine & PoindexterTexas Supreme Court · 1881
- Waldrep v. RoquemoreCourt of Appeals of Texas · 1910
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