Sweeney v. Jarvis
Texas Supreme Court
Error from Harris. This was'a trial of Ibe ri^-ht of property levied on by virtue of an execution in favor of the plantiff in error as the property of E. M. Jan is, and claimed by his wife, the defendant in error, as her separate property. Tlie plaintiff moved the court to dismiss tho proceedings for insufficiency in the bond tiled by the claimant.
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Error from Harris. This was'a trial of Ibe ri^-ht of property levied on by virtue of an execution in favor of the plantiff in error as the property of E. M. Jan is, and claimed by his wife, the defendant in error, as her separate property. Tlie plaintiff moved the court to dismiss tho proceedings for insufficiency in the bond tiled by the claimant. Subsequently the. claimant was permitted to give a new bond, to which permission the plaint iff objected, but his objections were overruled. There was a trial and verdict for the plaintiff. . The claimant moved for a now trial, on the ground of…
1Opinion of the CourtWheeler, J.
The giving of the bond was the institution of the claim of the. party. If defective when objected to for that cause, it was we think within the province of the court to permit the objection to be obviated by amendment or by giving a new bond.
In support of the remaining ground on which it is proposed to. reverse the judgment, we are referred to decisions of tiie courts of Kentucky and Mississippi, where it seems the practice is for the Appellate Court to revise the judgment of tiie court belowgranting a new trial; and if the new trial was improperly granted, to set aside the proceedings…
2Cases cited1 opinion
- Jones v. CoopriderIndiana Supreme Court · 1819
3Cited by19 opinions
- Roy Jones Lumber Co. v. MurphyTexas Supreme Court · 1942
- Government Services Insurance Underwriters v. JonesTexas Supreme Court · 1963
- Equitable Life Assur. Soc. of United States v. MurdockCourt of Appeals of Texas · 1949
- Daniels v. CreekmoreCourt of Appeals of Texas · 1894
- M. W. Fruit Co. v. BierbauerCourt of Appeals of Texas · 1948
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