Cochrane v. Day
Texas Supreme Court
Error from Austin. Tried below before the Hon. Robert J. Townes. On the 81st of January, 1849, Emeline Day, administratrix of James Cochrane, deceased, joined by Iter husband, W. S. Day, filed in the County Court of Austin county, a claim against Cochrane’s estate for the sum of fifteen thousand dollars, with interest at ten per centum per annum since 1885. This claim was evidenced by a deed of trust executed by James Cochrane, on the 25th of April, 1843, upon certain real…
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Error from Austin. Tried below before the Hon. Robert J. Townes. On the 81st of January, 1849, Emeline Day, administratrix of James Cochrane, deceased, joined by Iter husband, W. S. Day, filed in the County Court of Austin county, a claim against Cochrane’s estate for the sum of fifteen thousand dollars, with interest at ten per centum per annum since 1885. This claim was evidenced by a deed of trust executed by James Cochrane, on the 25th of April, 1843, upon certain real estate, slaves and personalty, for the purpose of securing to said Emeline, then his wife, the payment of said sum, in…
1Opinion of the CourtMoore, J.
The petition for a writ of error in this case is glaringly defective, and the motion to dismiss it must be sustained. The practice of this court in dispensing.with merely formal averments, or such as are unimportant for the protection of the opposite party, in petitions for writs of error, has always been justly liberal. But it has also been held that the petition or citation must describe the judgment with sufficient accuracy to notify the defendant, with reasonable certainty, what judgment it is proposed to revise. And when one seeks to reverse a judgment to which he is not a party, he…
2Cases cited1 opinion
- Thomas v. JonesTexas Supreme Court · 1853
3Cited by9 opinions
- Southern Pacific Railway Co. v. StanleyTexas Supreme Court · 1890
- McPhaul v. ByrdCourt of Appeals of Texas · 1915
- In Re Dudley's EstateCourt of Appeals of Texas · 1935
- State National Bank v. City of DallasCourt of Appeals of Texas · 1902
- Wilson v. HallCourt of Appeals of Texas · 1896
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