Davis v. Thomas
Texas Supreme Court
Error from Sail Augustine. In this ease the defendant, in error sued the plaintiff in error as the administrator of one Smith.
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Error from Sail Augustine. In this ease the defendant, in error sued the plaintiff in error as the administrator of one Smith. The suit was a long time on the docket under various orders, and it was at last dismissed hy the plaintiff, as appeared from the following entry: “•Now come the parties hy their attorney, and it is agreed that this cause he dismissed at the costs of the plaintiff for all lawful costs incurred herein; and that all costs not strictly necessary be at the cost of the defendant.” The judgment of the court was in the words following: “Ordered, therefore, that the same be…
1Opinion of the CourtLipscomb, J.
We have repeatedly ruled that we cannot, when a judgment is brought before us for revision, look to any error or irregularity occurring subsequent to the judgment so brought up; and if there is error in the taxation of costs or in the execution, that such irregularities can only be brought before us after proceedings had in the court below for their correction. If the cleric has committed an error if the taxation of the costs, there must be proceedings and a judgment on such proceedings in the court below before we can examine and decide on such supposed errors. Either party dissatisfied can…
2Cited by7 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- Ennis Mercantile Co. v. WathenTexas Supreme Court · 1900
- Traveler's Insurance Company v. United StatesDistrict Court, S.D. Texas · 1968
- Brown County Life Ins. Co. v. HaginsCourt of Appeals of Texas · 1937
- Ft. Worth Pub. Co. v. ArmstrongCourt of Appeals of Texas · 1915
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