Bryorly v. Clark
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. John H. Clark sued Bryorly, at June Term, 1875, of the District Court of Red River county, on a contract between the parties, in which Clark sold to Bryorly 183,113 feet of lumber, at prices therein stated. Service of citation was had. Defendant employed counsel, and a general demurrer and general denial was pleaded.
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Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. John H. Clark sued Bryorly, at June Term, 1875, of the District Court of Red River county, on a contract between the parties, in which Clark sold to Bryorly 183,113 feet of lumber, at prices therein stated. Service of citation was had. Defendant employed counsel, and a general demurrer and general denial was pleaded. It was insisted, by defendant, that, by verbal agreement between plaintiff and the counsel for defendant, it was agreed that the case should not be called before June 24, 1875. The defendant thereupon, being…
1Opinion of the Court
Gould, Associate Justice.
This was an original suit, to have a judgment set aside, on the ground that it was procured by the fraudulent violation of an oral agreement between counsel, not to take up the case before a certain day, and that the judgment thus obtained, for $1,811.68, was unjust, except the sum of $291.31.
The law has long been settled, that such applications must show sufficient matter to have entitled the party to a new trial, if applied for at the term, and a sufficient legal excuse' for not having then made his application. (Cook v. De La Garza, 13 Tex., 444; Goss v. McClaren,…
2Cases cited5 opinions
- Goss v. McClarenTexas Supreme Court · 1856
- Vardeman v. EdwardsTexas Supreme Court · 1858
- Cook v. de la GarzaTexas Supreme Court · 1855
- Puckett v. ReedTexas Supreme Court · 1873
- Metzger v. WendlerTexas Supreme Court · 1872
3Cited by29 opinions
- Leon & H. Blum v. WettermarkTexas Supreme Court · 1882
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Hamblin v. KnightTexas Supreme Court · 1891
- Reynolds v. Volunteer State Life Ins. Co.Court of Appeals of Texas · 1935
- Moore v. MooreCourt of Appeals of Texas · 1924
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