Mills v. Gooding
Texas Supreme Court
Error from Reel River. Judgment remlei*eel November 13th, 1843. Writ of error prayecl April 25th, 1349; citation served next day. The plaintiff-in. error failed to have the writ of error returned to the December Term, 1849, and the defendant in error filed tiie record at the present term and moved the court to affirm the judgment.
1Opinion of the CourtLipscomb, J.
The writ of error ought to have been returned by the plain-tiffin error to the term succeeding' after it was prayed, and on failure the defendant could then have filed the record and aslced its affirmance, but could not at a subsequent term. It must be refused and the cause dismissed at the cost of the party filing the record. Note. — This same question was presented and decided at Austin, December Term, 1849, in a case from Galveston, wlien John B. Jones, esq., attorney for the defendant in error, asked the affirmance of a judgment under similar circumstances, and his motion was overruled by…
2Cited by3 opinions
- Laughlin v. DabneyTexas Supreme Court · 1893
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878
- Ross v. CantrellCourt of Appeals of Texas · 1925