Legal Opinion

Zarate v. Cantu

Court of Appeals of Texas

Decided October 27, 1920No. 6439PublishedCited by 8 opinions

Error from District Court, Brooks County; V. W. Taylor, Judge. Suit for partition between Juan Zarate and others and Marcello Cantu and others. To review judgment for the latter, the former bring error.

1Opinion of the Court

A motion has been filed to dismiss the writ of error based upon two grounds: First, failure to file petition for writ of error within statutory period; and, second, failure to file briefs.

In this case a judgment was entered on October 24, 1916, which was corrected on April 16, 1917. These judgments disposed of the rights of the parties and appointed commissioners to partition the land in accordance with the provisions of the judgment. It is well settled that such judgments are final and appealable. Waters Pierce Oil Co. v. State,107 Tex. 1, 106 S.W. 326, and cases cited. The petition for writ…

2Cases cited3 opinions

  1. Waters-Pierce Oil Co. v. State of TexasTexas Supreme Court · 1907
  2. Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
  3. Odum v. GarnerTexas Supreme Court · 1894

3Cited by8 opinions

  1. Walker v. LylesCourt of Appeals of Texas · 1931
  2. Davis v. National Bond & Mortgage Corp.Court of Appeals of Texas · 1931
  3. Evans v. Galbraith-Foxworth Lumber Co.Court of Appeals of Texas · 1931
  4. Frier v. KrohnCourt of Appeals of Texas · 1937
  5. Pittman v. City of Wichita FallsCourt of Appeals of Texas · 1938

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