Hamilton v. Pleasants
Texas Supreme Court
Error from De Witt. The case was tried before Hon. J. J. Holt, one of the district judges. This was a suit in the district court of De Witt county, filed March 11, 1866, by Pleasants, administrator on a note for negroes belonging to his intestate, sold under the order of the probate court, in November, 1862; personal security and a lien on the property sold were ordered by the court.
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Error from De Witt. The case was tried before Hon. J. J. Holt, one of the district judges. This was a suit in the district court of De Witt county, filed March 11, 1866, by Pleasants, administrator on a note for negroes belonging to his intestate, sold under the order of the probate court, in November, 1862; personal security and a lien on the property sold were ordered by the court. The note was given December 18, 1862. John Hamilton, John E. Hamilton, and Summers signed the note, but whether the two latter were principals or securities does not appear. John E. Hamilton and Summers set up…
1Opinion of the CourtLindsay, J.
—The error complained of in this ease is, that at the trial of the cause the district judge adjudicated upon exceptions to the original and amended answers of the defendant, which had been filed and acted upon at a previous term of the court by another and a different judge. This objection is unavailing. Whether this was done by the same or a different judge can make no difference. In contemplation of law it is the same judicial authority, although the incumbents of the bench, at the respective sessions of the court, were different individuals. The court has absolute control of all…
2Cited by3 opinions
- Reeves v. FuquaCourt of Appeals of Texas · 1925
- Shearon v. HendersonTexas Supreme Court · 1873
- Rice v. BurnetTexas Supreme Court · 1873