Fisk v. Miller
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas J. Devine. This was a suit for injunction by Josiah Fisk against John Gr. Miller and Catharine, his wife, to enjoin the execution of a judgment recovered by Miller and wife against Fisk and others, at the Fall Term, 1852, affirmed at Austin, 1854, and reported in 13th Tex. E. 224 ; and for a new trial upon the merits.
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Appeal from Travis. Tried below before the Hon. Thomas J. Devine. This was a suit for injunction by Josiah Fisk against John Gr. Miller and Catharine, his wife, to enjoin the execution of a judgment recovered by Miller and wife against Fisk and others, at the Fall Term, 1852, affirmed at Austin, 1854, and reported in 13th Tex. E. 224 ; and for a new trial upon the merits. The petition alleged that the said verdict and judgment operated a surprise on him, and does him the greatest injustice, as he will hereafter show to your Honor; that his title papers (which he described and exhibited as…
1Opinion of the CourtWheeler, J.
On the authority of repeated decisions of this Court, it must be held that the petition disclosed no sufficient *578ground for the awarding of a new trial. (Goss v. McLaren, 17 Tex. R. 107, and cases cited.) What the “mistake, accident or omission then beyond the control” of the petitioner was, which he “ considered then out of his power to prevent,” and which prevented him from producing his evidence upon the trial, ought to have been shown, in order that the Court might judge of its sufficiency, and in order that it might be seen that it was not occasioned by his own fault or negligence.…
2Cited by7 opinions
- Wright v. SwayneTexas Supreme Court · 1911
- Magee v. Chadoin's Ex'rTexas Supreme Court · 1876
- Patrucio v. SelkirkCourt of Appeals of Texas · 1913
- Lewis v. City of San AntonioTexas Supreme Court · 1862
- Stanley v. SpannCourt of Appeals of Texas · 1929
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