Plummer v. Power
Texas Supreme Court
Appeal from Calhoun. The ease was tried before Hon. Fielding Jones, one of the district judges. Tomasa Power, James Power, Henry D. Horton, Walter Lambert, Moses Simpson, and Patrick Shelby presented their petition to Hon. Fielding Jones, judge of the tenth judicial district of the State, against Joseph E. Plummer, jr.,in which, in substance, it is alleged, that the said Joseph E. Plummer, jr:, commenced his action by petition against the now petitioners, Tomasa Power, James…
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Appeal from Calhoun. The ease was tried before Hon. Fielding Jones, one of the district judges. Tomasa Power, James Power, Henry D. Horton, Walter Lambert, Moses Simpson, and Patrick Shelby presented their petition to Hon. Fielding Jones, judge of the tenth judicial district of the State, against Joseph E. Plummer, jr.,in which, in substance, it is alleged, that the said Joseph E. Plummer, jr:, commenced his action by petition against the now petitioners, Tomasa Power, James Power, Henry D. Horton, Walter Lambert, Moses Simpson, and Patrick Shelby, in the district court for the county of…
1Opinion of the CourtMoore, C. J.
It is conclusively settled, by repeated de cisions of this court, that a new trial may be granted by the district court in a case properly invoking its equitable powers, after the adjournment of the term of the court at which the judgment was rendered. (Goss v. McClaren, 17 Tex., 107; Fisk v. Miller, 20 Id., 578; Burnley v. Rice, 21 Id., 180; Vardeman v. Edwards, 21 Id., 740.) But it is equally clear that such relief will not be granted unless the party seeking it can show that he was prevented from making a valid defense to the action in which the judgment has been rendered against him by…
2Cases cited9 opinions
- Goss v. McClarenTexas Supreme Court · 1856
- French v. GarnerSupreme Court of Alabama · 1838
- Taylor v. WatkinsTexas Supreme Court · 1863
- Biencourt v. ParkerTexas Supreme Court · 1864
- Vardeman v. EdwardsTexas Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Crosby v. Di PalmaCourt of Appeals of Texas · 1911
- Merrill v. RobertsTexas Supreme Court · 1890
- Wood v. WelderTexas Supreme Court · 1874
- Robbie v. UpsonCourt of Appeals of Texas · 1913
- Atchley v. Superior Oil CompanyCourt of Appeals of Texas · 1972
6 more not listed; retrieve them via the Exa API.