Miller v. Richardson
Texas Supreme Court
Error from Henderson. Tried below before the Hon. John D. Scott. On February 2,1871, plaintiffs in error brought trespass to try title for certain lots in Athens, against the defendant in error, Richardson, whose warrantor, Warren,, subsequently became party. On July 12, 1871, there was a trial had, with verdict and judgment for plaintiffs. The defendant, Richardson, on July 15, filed a motion for new trial.
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Error from Henderson. Tried below before the Hon. John D. Scott. On February 2,1871, plaintiffs in error brought trespass to try title for certain lots in Athens, against the defendant in error, Richardson, whose warrantor, Warren,, subsequently became party. On July 12, 1871, there was a trial had, with verdict and judgment for plaintiffs. The defendant, Richardson, on July 15, filed a motion for new trial. The motion seems to have been heard and granted, the judge entering his action upon his docket. The order granting a new trial was not entered upon the minutes of the court. A writ of…
1Opinion of the CourtOgden, P. J.
The material question presented for decision in this record is, has the District Court authority to enter nunc pro tunc, at a subsequent term, any order or judgment of that court made at a former term, but which, through the mistake of the clerk, or other person, was not spread upon the minutes of the court, and made a part of the record % Articles 49, 51 and 1245, Paschal’s Digest, appear to have been passed expressly to confer such authority upon the district courts, and this court in McKay v. Speak, 8 Texas, 376, and in Swift v. Faris, 11 Texas, 18, clearly recognizes the authority…
2Cases cited3 opinions
- McKay v. SpeakTexas Supreme Court · 1852
- Hagler v. MercerSupreme Court of Florida · 1856
- Swift v. FarisTexas Supreme Court · 1853
3Cited by3 opinions
- Baldridge v. ScottTexas Supreme Court · 1877
- Frick-Reid Supply Co. v. JonesCourt of Appeals of Texas · 1926
- Frick-Reid Supply Co. v. JonesCourt of Appeals of Texas · 1926