Thomas v. Thomas
Texas Supreme Court
Writ of Error to Marion. This case was tried before W. A. Walker, Esq., elected special judge, in the absence of the Hon. B. T. Estes, but the motion for new trial seems to have been heard before Judge Estes. The judgment was for the recovery of “ eighty feet square in the H. E. corner of certain lots situated in the city of Jefferson, known as block 00 in the Ally part of said city,” with all the improvements on the same; also for the recovery of $173.33 and costs.
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Writ of Error to Marion. This case was tried before W. A. Walker, Esq., elected special judge, in the absence of the Hon. B. T. Estes, but the motion for new trial seems to have been heard before Judge Estes. The judgment was for the recovery of “ eighty feet square in the H. E. corner of certain lots situated in the city of Jefferson, known as block 00 in the Ally part of said city,” with all the improvements on the same; also for the recovery of $173.33 and costs. The appeal bond described the judgment as “ for the title and possession of the Market House and Opera House at Jefferson,…
1Opinion of the Court
Bonner, Associate Justice.
On January 21, 1882, the plaintiff in error recovered against the defendant in error, judgment for certain lands and premises and also for money. On January 26th, afterwards, and within the time allowed by law, the plaintiff in *517error, after motion, for new trial and notice of appeal, filed an appeal bond, the appeal had thereunder being returnable to the present term of this court. The appeal bond misdescribes the judgment appealed from and was otherwise informal, and the appeal subject to be dismissed on motion filed in due time.
Subsequently, on February 22d, the…
2Cases cited1 opinion
- Perez v. GarzaTexas Supreme Court · 1880
3Cited by4 opinions
- E. Eppstein & Co. v. Holmes & CrainTexas Supreme Court · 1885
- Dupree v. Gale Manufacturing Co.Texas Supreme Court · 1916
- Texas & New Orleans Railway Co. v. HareCourt of Appeals of Texas · 1893
- Yarnell v. BurnettCourt of Appeals of Texas · 1901