Whittaker v. Gee
Texas Supreme Court
Error from Waller. Tried below before the Hon. Wm. H. Burkhart. On the 5th of April, 1884, plaintiff in error filed a motion in the district court of Waller county to reinstate this case upon the docket of that court for a rehearing. The reasons assigned in support of the motion were as follows: “For this, that on the 18th day of.
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Error from Waller. Tried below before the Hon. Wm. H. Burkhart. On the 5th of April, 1884, plaintiff in error filed a motion in the district court of Waller county to reinstate this case upon the docket of that court for a rehearing. The reasons assigned in support of the motion were as follows: “For this, that on the 18th day of. April, 1881, at the hearing of said cause, there was a mistrial or miscarriage of justice, in the judgment rendered not being final, as will appear from a mandate of the supreme court, to which court plaintiff took the ease on a writ of error, the mandate being now…
1Opinion of the Court
Willie, Chief Justice.
Frequent decisions of this court have settled the right to have a judgment amended after the expiration of the term at which it was obtained, when, through mistake or clerical error, the record does not speak fully or truly the judgment actually rendered in a cause. Xi mines v. Ximines, 43 Tex., 464; Russell v. Miller, 40 Tex., 500; Ramsey v. McCauley, 9 Tex., 106; Burnett v. State, 14 Tex., 455.
In this case the only defect in the judgment was the omission of the name of one of the parties in whose favor it was rendered. This was established by the notes upon the docket…
2Cases cited5 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- Burnett v. StateTexas Supreme Court · 1855
- Ximenes v. XimenesTexas Supreme Court · 1875
- Russell v. MillerTexas Supreme Court · 1874
- Ramsey v. McCauleyTexas Supreme Court · 1852
3Cited by15 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- Nevitt v. WilsonTexas Supreme Court · 1926
- Arrington v. McDanielTexas Supreme Court · 1930
- Campbell v. HartCourt of Appeals of Texas · 1953
- Taylor v. DoomCourt of Appeals of Texas · 1906
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