Houston Tap & Brazoria Railway Co. v. Milburn

This cause was brought up and filed in this court in January, 1870, since which time the plaintiff in error seems to have paid no further attention to it, and the defendants in error now file a motion to dismiss the cause for want of prosecution, and wo might be inclined to sustain the motion hut for the manifest error in the judgment of the court below, apparent on the face of the record, and admitted by the defendants. The plaintiffs below in their petition claimed damages to the amount of two thousand dollars, but the appraisers, appointed by the district court to determine the amount of…