I. & G. N. R. R. Co. v. Cocke
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. On the 12th of July, 1883, Mrs. Kate Cocke, joined by her husoand, brought suit in the district court of Bexar county, Texas, against the I. & G. N. R. R. Co. for damages caused by the killing and injury of stock, and recovered judgment for $300. A motion for a new trial being overruled, defendant appealed.
1Opinion of the Court
Stayton, Associate Justice.
It is immaterial what may have been the defect in the citation, and what may have been the ruling of the court on the motion to quash it, for the motion was filed September 23, 1883, and the cause was not tried until the second term thereafter.
If the motion had been sustained, the cause would have stood for trial at the term at which it was tried, and even at the preceding term, without further service of citation; consequently the appellant could not possibly have suffered any injury from the ruling of the court, even if erroneous. I. & G. N. R’y Co. v. Brett, 61…
2Cases cited8 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
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3Cited by88 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Bowman v. PuckettTexas Supreme Court · 1945
- Texas Pacific Coal & Oil Co. v. RobertsonTexas Supreme Court · 1935
- Napier v. MooneyhamCourt of Appeals of Texas · 1936
- Raub v. RoweCourt of Appeals of Texas · 1938
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