Legal Opinion

Hart v. Mills

Texas Supreme Court

Decided July 1, 1873PublishedCited by 11 opinions

Error from. El Paso. Tried below before the Hon. W. P. Bacon. This case was formerly before the Supreme Court on writ of error, and is reported in 31 Texas, 304, to which reference is made for a statement of the case. It was dismissed by the Supreme Court in 1868, and on the eleventh of March, 1872, Hart again sued out writ of error.

1Opinion of the CourtWalker, J.

The only question which we have felt called on in this case to consider is that involved in the motion to dismiss the writ of error. The writ was not sued out within the time limited by law for bringing causes to this court from the District Courts by writ of error.

The argument in the case turns upon the question involved and decided in Bender v. Crawford, 33 Texas, 745. It may be well here to remark that the latter case is treated in a note by the Reporter in Story v. Runkle, 33 Texas, 398, as in conflict with the latter case. Whatever may be the conflict between these two cases, we think it…

2Cases cited1 opinion

  1. Bender v. CrawfordTexas Supreme Court · 1871

3Cited by11 opinions

  1. Texas Trunk Railway Co. v. Jackson Bros.Texas Supreme Court · 1893
  2. Harle v. Langdon's HeirsTexas Supreme Court · 1883
  3. Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
  4. Nowell v. NowellSupreme Court of Connecticut · 1969
  5. Fidelity Union Casualty Co. v. HansonTexas Commission of Appeals · 1932

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