Grubbs v. Leon & H. Blum
Texas Supreme Court
Error from. Bexar. Tried below before the Hon. G. H. Noonan. On November 9, 1883, L. & H. Blum brought this suit against Grubbs and Bower to recover $1,652,30, claimed to be due by account as based upon a written instrument attached to the petition.
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Error from. Bexar. Tried below before the Hon. G. H. Noonan. On November 9, 1883, L. & H. Blum brought this suit against Grubbs and Bower to recover $1,652,30, claimed to be due by account as based upon a written instrument attached to the petition. It was alleged that the defendants were resident citizens of Bell county, and that the suit was brought in Bexar county by virtue of the written instrument signed by Grubbs, and dated November 5, 1883. That instrument authorized the Blums to sue in any county in the state which they might select, and to designate any practicing attorney to waive…
1Opinion of the Court
Watts, J. Com. App.
That the court below had control of the judgment until the close of the term at which it was rendered has been so firmly settled as to admit of no controversy. .But the plaintiff in error claims that as he had filed his petition and bond for writ of error before the defendants in error had filed their motion to amend and correct the judgment, that the latter came too late. That proposition is predicated upon the idea that the jurisdiction of the supreme court having attached, the court below had no power to make the order amendatory of the judgment. It is now settled that…
2Cases cited1 opinion
- Garza v. BakerTexas Supreme Court · 1883
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