Cyrus v. Hicks
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. John Gregg. At the Spring Term, 1855, Francis M. Hicks recovered judgment against James T. Cyrus and William H. Morrell, for a certain amount of money, from which said Cyrus appealed. On or about the 14th of November, of the same year, the Court House of Navarro county was destroyed by fire, and with it the records of said suit and judgment.
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Appeal from Navarro. Tried below before the Hon. John Gregg. At the Spring Term, 1855, Francis M. Hicks recovered judgment against James T. Cyrus and William H. Morrell, for a certain amount of money, from which said Cyrus appealed. On or about the 14th of November, of the same year, the Court House of Navarro county was destroyed by fire, and with it the records of said suit and judgment. But the transcript for the appeal had been previously sent up to the Supreme Court, where the judgment was affirmed, with damages for delay, against Cyrus and his sureties, on the 4th of December, 1855,…
1Opinion of the CourtRoberts, J.
This case has been carefully examined into, and although a number of irregularities are apparent in the record, there is but one error which affects the correctness of the decree finally rendered. That is in rendering a judgment for costs against the appellant and his sureties. The decree recognizes the fact that the injunction was rightfully applied for and granted when the petition was filed, by enjoining “ the collection of the *487substituted judgment entered at the Fall Term, 1856.” That is, that at the time the enjoined execution was issued, there was not properly of record any judgment…
2Cited by8 opinions
- Brown v. ReeseTexas Supreme Court · 1887
- North v. SwingTexas Supreme Court · 1859
- Beckham v. MedlockCourt of Appeals of Texas · 1898
- Kale v. HumphreySupreme Court of Oklahoma · 1917
- Davis v. DavisCourt of Appeals of Texas · 1922
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