Goss v. McClaren
Texas Supreme Court
Appeal from Harrison. The appellants sued the appellee to recover a tract of land, and had judgment by default.— After the expiration of the Term, and after the issue of a writ of possession, appellee presented Ms petition to the Hon. Lemuel Dale Evans, then Judge of that District, asking an injunction and that the judgment by default be set aside.
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Appeal from Harrison. The appellants sued the appellee to recover a tract of land, and had judgment by default.— After the expiration of the Term, and after the issue of a writ of possession, appellee presented Ms petition to the Hon. Lemuel Dale Evans, then Judge of that District, asking an injunction and that the judgment by default be set aside. The injunction was immediately granted, and at the next Term, the appellants filed their answer, and moved to dissolve the injunction and dismiss the petition. The motion was overruled ; the previous judgment by default set aside, and the case…
1Opinion of the CourtWheeler, J.
When this case was brought before us at a former Term, on appeal from the decision setting aside the judgment of the Court of a former Term, and awarding a new trial, this Court dismissed the appeal, on the ground that the judgment appealed from was not a final disposition of the case. At the same time the Court held, that after a final judgment disposing of the case, the judgment then appealed from might be revised. “ That every interlocutory judgment could then “ be brought under our revision (it was said) cannot be doubt- “ ed.” And again, “ After a final judgment has been rend- “ ered in…
2Cases cited1 opinion
- Mussina v. MooreTexas Supreme Court · 1854
3Cited by51 opinions
- Smith v. FerrellTexas Commission of Appeals · 1932
- Harn v. PhelpsTexas Supreme Court · 1886
- Eddleman v. McGlatheryTexas Supreme Court · 1889
- Bryorly v. ClarkTexas Supreme Court · 1877
- Moore v. MooreCourt of Appeals of Texas · 1924
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