Johnson v. Smith
Texas Supreme Court
Appeal from Harrison. It appears by the record that there was a trial and verdict for the defendants, at the Spring Term of the Court, 1849, but the Court failed to enter up, in proper form, a final judgment upon the verdict. Subsequently, at the Spring Term, 1853, upon the motion of the plaintiff, final judgment was entered upon the verdict nunc pro tunc. The plaintiff had given notice of appeal at the trial, and the entry now for then contains the notice.
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Appeal from Harrison. It appears by the record that there was a trial and verdict for the defendants, at the Spring Term of the Court, 1849, but the Court failed to enter up, in proper form, a final judgment upon the verdict. Subsequently, at the Spring Term, 1853, upon the motion of the plaintiff, final judgment was entered upon the verdict nunc pro tunc. The plaintiff had given notice of appeal at the trial, and the entry now for then contains the notice. The appeal bond was filed after the entry of judgment.
1Opinion of the CourtWheeler, J.
The practice of entering judgment now for *413then, where the first entry was incomplete, has been of not unfrequent occurrence, and has, in more cases than one, received the sanction of this Court. Appeals from judgments thus rendered, have invariably been entertained. The entry bears date at the time it is made; and the judgment, for the purposes of the appeal, is to be considered as having been then rendered. But it has the same force and effect, as a judgment of the Court, as if the entry had been made at the proper time; the entry of the judgment now, that is, when it is actually done,"being…
2Cited by10 opinions
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Hamilton v. James A. Cushman Manufacturing Co.Court of Appeals of Texas · 1897
- Baldridge v. ScottTexas Supreme Court · 1877
- Sun Lumber Co. v. Huttig Sash & Door Co.Court of Appeals of Texas · 1931
- Sears v. GreenTexas Commission of Appeals · 1880
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