Manwarring v. G. L. Kouns & Bros.
Texas Supreme Court
Ebboe from Grimes. Tried below before the Hon. ¡N". Hart Davis. The material facts are stated in the opinion of the court. The overruling of the motion for a new trial was the error relied on. The case of Goodrich & Scott, appellants, v. Manwarring, numbered 757 in this court, was considered and disposed of in the present opinion. The difference between the attitudes of the two cases was, that Manwarring had obtained an injunction of this last case, and had not of the other.
1Opinion of the CourtWalker, J.
This is an appeal from the district court of Grimes county. Kouns & Brothers filed their petition against Manwarring and Brown, on the seventeenth day of April, 1867, and on the eleventh day of June, 1869, a judgment was taken by default for $4871.30, with interest.
At a subsequent term of the district court, to-wit, on the eleventh day of December, 1869, Manwarring filed in the district court a motion for a new trial, and this motion, it is claimed, is in the nature of a bill of review.
It sets forth, among other things, that prior to the ren•dition of the judgment, Manwarring had been…
2Cases cited2 opinions
- Ex parte NewhallU.S. Circuit Court for the District of Massachusetts · 1842
- In re AbrahamsDistrict Court, S.D. New York · 1842
3Cited by6 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Fidelity Union Casualty Co. v. HansonTexas Commission of Appeals · 1932
- Herschman v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1915
- Messer v. StateCourt of Criminal Appeals of Texas · 1901
- Stone v. Schneider-Davis CompanyCourt of Appeals of Texas · 1908
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