Forshey v. G. H. & H. Railroad
Texas Supreme Court
Error from Galveston. Tried before the Hon. Nelson H. Hunger. Motion to dismiss the writ of error on the ground that the petition did not contain a sufficient description of the judgment, and on the ground that the citation in error was served on the attorney, instead of on the defendant in error.
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Error from Galveston. Tried before the Hon. Nelson H. Hunger. Motion to dismiss the writ of error on the ground that the petition did not contain a sufficient description of the judgment, and on the ground that the citation in error was served on the attorney, instead of on the defendant in error. The judgment was as follows : This day came the parties by their attorneys ; on motion of defendants it is considered and adjudged that the award of the arbitrators, returned and filed herein, be and the same is hereby set aside; that this cause be, and the same is hereby dismissed, and that…
1Opinion of the CourtWheeler, J.
The petition for the writ of error contains more certainty of description, than in the case of Wright v. Williams, (12 Tex. R. 35,) in that it states the nature of the judgment. It could not be described by the amount, for the reason that it was for no certain sum. This is stated, and distinguishes it from any other judgment rendered for any certain amount. Though the description of it is less certain than it might have been, still we think it may be held sufficient under the practice of the Court; which lias been, as far as possible, to facilitate the remedy by dispensing with forms. The…
2Cases cited3 opinions
- Bumpass v. WebbSupreme Court of Alabama · 1836
- Brown v. GreenSupreme Court of Connecticut · 1829
- Rigden v. MartinCourt of Appeals of Maryland · 1824
3Cited by41 opinions
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- L. H. Lacy Co. v. City of LubbockTexas Supreme Court · 1977
- Brazoria County v. KnutsonTexas Supreme Court · 1943
- Petroleum Casualty Co. v. WilliamsTexas Commission of Appeals · 1929
- Agey v. American Liberty Pipe Line CompanyTexas Supreme Court · 1943
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