Houston v. Jennings
Texas Supreme Court
Error from Nacogdoches. On the 28th of July, 1847, Sam Houston, the plaintiff in error, brought an action in the nature of an action of trespass to try title in the Court below, against Thomas J. Jennings, the defendant in error, for the recovery of a house and lot, &c., situated in the town of Nacogdoches. The said suit was on the 14th day of December, 1848, continued by consent; and on the 31st of May, 1849, it was again continued by consent.
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Error from Nacogdoches. On the 28th of July, 1847, Sam Houston, the plaintiff in error, brought an action in the nature of an action of trespass to try title in the Court below, against Thomas J. Jennings, the defendant in error, for the recovery of a house and lot, &c., situated in the town of Nacogdoches. The said suit was on the 14th day of December, 1848, continued by consent; and on the 31st of May, 1849, it was again continued by consent. On the 12th day of June, 1850, James M. Ardrey, Esqr., announced to the Court, that he withdrew from the case, and the cause was then continued by the…
1Opinion of the Court
Hemphill, Ch. J.
This petition was filed on the loth June, 1853, and the plaintiff prays that a judgment dismissing a suit between the same parties for want of prosecution rendered on the 11th December, 1851, be set aside, and that the cause be reinstated on the docket for trial. The grounds of this motion, or application, are, that the Court had not power to dismiss the cause, the record not showing that the plaintiff or his attorney was called or failed to appear; because the defendant, neither in person or by attorney, appeared at the time of said dismissal, nor did either move or ask the…
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