Leon & H. Blum v. Schram & Co.
Texas Supreme Court
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Leon & H. Blum, plaintiffs in error, about 10 o’clock at night on the 26th clay of ¡November, A. D. 1881,.for their use, and of certain other firms, obtained by confession a judgment against Donnenbaum & Friedlander, a firm then doing business at Seguin, Texas, for the sum of $4,392.21; and on the same night had two executions issued on that judgment, one to Galveston county, which was on that night returned…
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Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Leon & H. Blum, plaintiffs in error, about 10 o’clock at night on the 26th clay of ¡November, A. D. 1881,.for their use, and of certain other firms, obtained by confession a judgment against Donnenbaum & Friedlander, a firm then doing business at Seguin, Texas, for the sum of $4,392.21; and on the same night had two executions issued on that judgment, one to Galveston county, which was on that night returned nulla bona, and the other to Guadalupe county; the latter, on the 28th day of November, 1881, being levied on the stock…
1Opinion of the Court
West, Associate Justice.
The motion to dismiss must be denied. The judgment makes a final disposition in some form of all the matters presented by the pleadings to the court for determination. In this respect it differs in a marked degree from the cases of Linn v. Arámbould, 55 Tex., 611, and Green v. Banks, 24 Tex., 522. It may be that in some matters the judgment was irregular, or possibly even erroneous. With this we have nothing to do. It is in its character and effect a final judgment, and as such final judgment is subject to revision here.
The motion of the defendants in error to strike…
2Cases cited2 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- Green v. BanksTexas Supreme Court · 1859
3Cited by9 opinions
- Martin Brown Co. v. PerrillTexas Supreme Court · 1890
- Love v. PowellTexas Supreme Court · 1886
- Willis v. DonacTexas Supreme Court · 1884
- Barker v. Abbott KellerCourt of Appeals of Texas · 1893
- Nassauer v. TechnerWisconsin Supreme Court · 1886
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