Gill v. Rodgers
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. A. H. Latimer. This suit was instituted by the appellant against the appellee, in the form of an action of trespass to try title.
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Appeal from Red River. Tried below before the Hon. A. H. Latimer. This suit was instituted by the appellant against the appellee, in the form of an action of trespass to try title. On the 19 th of October, 1871, judgment was rendered in favor of the defendant, and on the 9th of JSTovember, 1871, some three weeks after the rendition of the judgment, the plaintiff filed a motion for a new trial in behalf of one Randolph Baily, who, it seems, had purchased the land pendente lite. One of the causes assigned for a new trial was that, pending the litigation, Randolph Baily, the party in whose…
1Opinion of the CourtOgden, J.
On the 19th day of October, 1811, a judgment was rendered in this cause for the appellee, and, on the 9th day of November following, appellant filed a motion for a new trial, for the use and benefit of parties therein named, but who were not parties to the suit or judgment. The court overruled the motion, and from which judgment this appeal is taken.
*631The statute provides that “ all motions for new trials in arrest “ of judgment, or to set aside a judgment, shall he made with- “ in two days after the rendition of the verdict.” The terms of the law are mandatory and must be obeyed by courts as…
2Cases cited1 opinion
- Goss v. McClarenTexas Supreme Court · 1856
3Cited by4 opinions
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- Daggs v. Howard Sheep Co.Arizona Supreme Court · 1914
- Svea Insurance v. McFarlandArizona Supreme Court · 1900
- Davis v. ZumwaltCourt of Appeals of Texas · 1877