Howe v. Merrell
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. J. W. Oliver. The rulings being merely on questions of practice in this court, there is no occasion of any further statement of the facts than that given in the head-note.
1Opinion of the CourtWalker, J.
One or two questions of practice are presented in this case.
Had the plaintiff in error perfected a proper service of the citation forty days before the assignment to which the case belongs was taken up, we should simply have affirmed the judgment without damages; and upon the authority of Chrisman v. Davenport, 21 Texas, 483, we would have taxed the costs in this court to the defendant in error.
The verdict and judgment in the District Court were in excess of the amount for which judgment should have been rendered ; and the plaintiffs below entered no remittitur until after the adjournment of…
2Cases cited1 opinion
- Chrisman v. DavenportTexas Supreme Court · 1858
3Cited by2 opinions
- G. H. Pearce & Co. v. Tootle, Hosea & Co.Court of Appeals of Texas · 1889
- New York Life Insurance Co. v. HerbertCourt of Appeals of Texas · 1907