L. C. Cunningham & Co. v. Perkins
Texas Supreme Court
Error from Bastrop. . The case was tried before Hon. A. W. Terrell, one of the district judges. The petition for writ of error 29th Hovember, 1861; citation waived 29th Hovember, 1861; error bond 26th September, 1861. On the 15th October, 1866, the attorney for appellee moved to file the transcript of the record, and that the same be docketed, and suggested delay, and asked an affirmance of the judgment, with damages. Ho motion to dismiss appears.
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Error from Bastrop. . The case was tried before Hon. A. W. Terrell, one of the district judges. The petition for writ of error 29th Hovember, 1861; citation waived 29th Hovember, 1861; error bond 26th September, 1861. On the 15th October, 1866, the attorney for appellee moved to file the transcript of the record, and that the same be docketed, and suggested delay, and asked an affirmance of the judgment, with damages. Ho motion to dismiss appears. The court seems to have treated it as a question of jurisdiction.
1Opinion of the CourtMoore, C. J.
—Service of the citation in error in this case was accepted hy the attorney for the defendant in error on 29th of November, 1861, and on the 15th of October, 1866, the transcript of the record was filed by his said attorney in this court. By the law in force at the time service of the writ of error was perfected, the transcript of the record should have been filed in this court and the cause docketed by the first day of the time in the term of the court beginning in October, 1862, designated for the trial of causes brought from the district to which this case belongs. And unless the right of…
2Cases cited4 opinions
- State v. KronerTexas Supreme Court · 1847
- Dias v. MunosTexas Supreme Court · 1856
- H. L. Stone & Co. v. TaylorTexas Supreme Court · 1864
- Walea v. McLeanTexas Supreme Court · 1855
3Cited by8 opinions
- Johnson v. McMahanCourt of Appeals of Texas · 1931
- Cotton v. JonesTexas Supreme Court · 1873
- McAnear v. EppersonTexas Supreme Court · 1881
- Poole v. RutherfordCourt of Appeals of Texas · 1947
- Best v. Nix & StoreyCourt of Appeals of Texas · 1894
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