McKean v. Ziller
Texas Supreme Court
Appeal from Travis. Tlie appellee recovered a judgment against the appellant., which was regularly entered at tlie Spring Term, ÍS51. At the same term the defendant moved for a new trial, which motion the court took under advisement-, mid continued the case until tlie next term, and at the same time declared .ail further proceedings on the judgment stayed until the motion for a new trial ■should be decided. ‘ At the next term the court acted on the motion and granted a new…
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Appeal from Travis. Tlie appellee recovered a judgment against the appellant., which was regularly entered at tlie Spring Term, ÍS51. At the same term the defendant moved for a new trial, which motion the court took under advisement-, mid continued the case until tlie next term, and at the same time declared .ail further proceedings on the judgment stayed until the motion for a new trial ■should be decided. ‘ At the next term the court acted on the motion and granted a new trial. At the next term thereafter, (Fall Term, 1852,) the plaintiff moved the court to dismiss the case from tlie…
1Opinion of the CourtWheeler, J.
The statute (Hart. Dig., art. 7CG) provides that “All wo-“tioiis for new trials in arrest of judgment or to sot asidea judgment shall be “determined at the term of tho court at which such motion shall ho made.”
It is insisted that the statute is but directory and that it was within the power of the court to postpone to the next term and then act upon the motion for a now trial. We cannot so regard it. We think the mandate of (lie law is peremptory and must be obeyed, and that at tlio end of tlio term the motion not having tjpcn acted on ivas discharged by .opera! ion of law.
The suspending of…
2Cited by34 opinions
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