Stewart v. Jones
Texas Supreme Court
Appeal from Matagorda. Stewart brought suit against Jones and wife.,' as administrators of Kingston, to recover two 'hundred acres of land, and obtained a decree in liis favor, entered up the 7th of October, 1S-1S. Afterwards, Jones was appointed administrator de bonis non of the estate of Kingston, and on the Gtli of December, A. D. 1840, filed his petition to set aside the decree before mentioned.
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Appeal from Matagorda. Stewart brought suit against Jones and wife.,' as administrators of Kingston, to recover two 'hundred acres of land, and obtained a decree in liis favor, entered up the 7th of October, 1S-1S. Afterwards, Jones was appointed administrator de bonis non of the estate of Kingston, and on the Gtli of December, A. D. 1840, filed his petition to set aside the decree before mentioned. The grounds on which the petitioner sought to set the decree aside and have a new trial granted were that it was obtained by the fraud and collusion of tiie counsel representing the administrators…
1Opinion of the CourtLipscomb, J.
A preliminary question, we believe, is decisive of this case. Can we take jurisdiction and revise the judgment rendered in these proceedings setting aside the former judgment and granting a new trial? We believe we cannot, because it is an interlocutory and not a iinal judgment. That the District Court had jurisdiction in this way to grant a new trial was decided by this court at Tyler, April Term, 1852.
If error has intervened in the proceedings it cannot be revised and corrected until after tiie case lias been disposed of by a final judgment in the court below. It is not perceived that tiie…
2Cited by17 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Wolf v. SahmCourt of Appeals of Texas · 1909
- Norwood v. CobbTexas Supreme Court · 1855
- Squyres v. RasmussenCourt of Appeals of Texas · 1927
- Clay Lumber Co. v. PattersonCourt of Appeals of Texas · 1930
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