Ximenes v. Ximenes
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. May 4th, 1875, Melchior Ximenes filed a motion representing that at the term of 1873 of this court the case No. 1669, of Melchior Ximenes and W. D. Mays v. Ursula Ximenes came on to be heard, having been submitted on the briefs of the several appellants and of the appellee; that the opinion of the court was delivered on the 30th of September, 1873, in which the rights of this appellant were recognized as…
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. May 4th, 1875, Melchior Ximenes filed a motion representing that at the term of 1873 of this court the case No. 1669, of Melchior Ximenes and W. D. Mays v. Ursula Ximenes came on to be heard, having been submitted on the briefs of the several appellants and of the appellee; that the opinion of the court was delivered on the 30th of September, 1873, in which the rights of this appellant were recognized as claimed in his pleadings in the District Court, and favorably passed upon, the court saying in the opinion that Melchior…
1Opinion of the Court
Moore, Associate Justice.
This is a motion made at the present term of the court to correct the entry of a judgment rendered at a former term, (39 Tex.; 49,) upon the ground that it appears from the docket-entry and the opinion ot the court that the judgment pronounced by the court was not correctly entered. It is not claimed that the court can, after the adjournment of the term at which a final judgment in a case is rendered, reopen the cause to correct errors and irregularities, however glaring and apparent they may be, which have occurred in the proceedings had in the cause. But what is…
2Cases cited5 opinions
- Burnett v. StateTexas Supreme Court · 1855
- Chambers v. HodgesTexas Supreme Court · 1848
- Maus v. MausSupreme Court of Pennsylvania · 1836
- Rhodes v. StateTexas Supreme Court · 1867
- Ximines v. SmithTexas Supreme Court · 1873
3Cited by16 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- Hannon v. HensonTexas Commission of Appeals · 1929
- Missouri Pacific Railway Co. v. HaynesTexas Supreme Court · 1891
- Ex parte PattersonCourt of Criminal Appeals of Texas · 1940
- Chestnutt v. PollardTexas Supreme Court · 1890
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