Williams v. Huling
Texas Supreme Court
Error from Denton. Trial below before the Hon C. C. Binckley. April 17, 1868, Sarah Huling, as surviving wife of Thomas B. Huling, deceased, sued plaintiff in error, Williams, by publication, alleging that she had returned an inventory of the community property of herself and her deceased husband; that she had taken charge of said property; that on 6th September, 1861, her husband had executed to one M. W. Allen a power of attorney, authorizing him to sell a certain league…
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Error from Denton. Trial below before the Hon C. C. Binckley. April 17, 1868, Sarah Huling, as surviving wife of Thomas B. Huling, deceased, sued plaintiff in error, Williams, by publication, alleging that she had returned an inventory of the community property of herself and her deceased husband; that she had taken charge of said property; that on 6th September, 1861, her husband had executed to one M. W. Allen a power of attorney, authorizing him to sell a certain league of land in Denton county; that June 1st, 1863, said Allen, without authority, sold and executed a deed for the land to…
1Opinion of the Court
Moore, Associate Justice.
It is unquestionably within the discretionary power of the court to alter, amend, or set aside its decrees and judgments during the term at which they are rendered. Although there might be circumstances under which this court would revise the exercise of this discretionary power, it is certainly only where it is manifest some injury or injustice has been done thereby. Evidently this record does not present such a case. If the court erred in setting aside its order dismissing the case, plaintiff in error is in no condition to complain. He had withdrawn his answer…
2Cited by26 opinions
- Kennedy v. HydeTexas Supreme Court · 1984
- Ebner v. First State Bank of Smithville, Texas Court of Appeals, 3rd District (Austin)2000
- Fort Worth Acid Works v. City of Fort WorthCourt of Appeals of Texas · 1922
- Advance Imports, Inc. v. Gibson Products Co.Court of Appeals of Texas · 1976
- Carlton v. MillerCourt of Appeals of Texas · 1893
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