Underhill v. Thomas
Texas Supreme Court
Error from Washington. Tried below before the Hon. Robert E. B. Baylor. This case was before this court, at the last term.
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Error from Washington. Tried below before the Hon. Robert E. B. Baylor. This case was before this court, at the last term. (22 Texas Rop. 175.) The suit was brought May 30th, 1857, by Joseph M. Thomas, Hewling Cowperthwaite, Charles Desilver, and Jonathan Butler, under the firm name of Thomas, Cowperthwaite & Co., against James Willie, A. H. Willie, D. M. Under-hill, and Harden White, on their promissory note for $432.15. Judgment by default was rendered against all the defendants, for the amount of the note and interest thereon. The defendants, James Willie, D. M. Underhill, and Harden…
1Opinion of the CourtRoberts, J.
The statute requires the clerk of the Supreme Court to certify the judgments of the Supreme Court, to the courts from which the causes were brought. (O. & W. Dig. 415.) It does not prescribe the time when this shall be done. The mandate, in this case, was filed during the term, and after the first day thereof. The judgment by default, was taken the next day after the filing.
The plaintiffs must be held to have known that their cause was disposed of in the Supreme Court, and was therefore liable to be sent into the District Court for its action. Upon them, process had been served; and when the…
2Cited by3 opinions
- Guadalupe County v. JohnstonCourt of Appeals of Texas · 1892
- Montague County v. WhiteCourt of Appeals of Texas · 1924
- R. B. George MacHinery Co. v. City of MidlandCourt of Appeals of Texas · 1932