Texas & Pacific Railway Co. v. Kirk
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF TEXAS. Motion to. dismiss, with which was united motion to affirm.
1Opinion of the CourtChief Justice Waite
The defendant in error movgs to dismiss this casé for want of.a sufficient writ of error, and with this motion is united one to affirm under sec. 5 of Rule 6. The plaintiff in error moves for leave to amend the writ.
In our opinion the motion to amend should be granted. The writ is in every respect in accordance with the form transmitted by the clerk of this court to the clerks of the Circuit Courts, under the authority of the act of May 8th, 1792,- c. 36, sec. 9, now sec.' 1004 of the Revised Statutes, except that it is made returnable on a wrong day, bears the teste of the Chief Justice of…
2Cases cited1 opinion
- McDonogh v. MillaudonSupreme Court of the United States · 1845
3Cited by7 opinions
- Miller v. TexasSupreme Court of the United States · 1894
- Long v. Farmers' State BankCourt of Appeals for the Eighth Circuit · 1906
- Bryan v. KerSupreme Court of the United States · 1911
- Walton v. Marietta Chair Co.Supreme Court of the United States · 1895
- Mutual Life Insurance v. HartleySupreme Court of Florida · 1926
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