Cheek v. Rogers
Texas Supreme Court
Writ of Error to Austin County. This was a suit instituted by Rogers, the plaintiff in the court below, against the defendants upon a joint and several promissory note executed by them in his favor. The defendants pleaded that the note had been given without any consideration.
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Writ of Error to Austin County. This was a suit instituted by Rogers, the plaintiff in the court below, against the defendants upon a joint and several promissory note executed by them in his favor. The defendants pleaded that the note had been given without any consideration. Yerdict and judgment was rendered for the plaintiff, and execution issned thereon, which was stayed by writ of error, operating as a supersedeas, sued out of the supreme court by the said defendants in July, 1844. suggested this as a case of delay. Mr. Chief Justice Hemphill delivered the opinion of the court; Mi’.…
1Opinion of the CourtHemphill, C. J.
The plaintiffs in error were defendants in the court below, and the question raised is, ydiether when a cause is brought up on a writ of error without probable good and sufficient reason, damages can, as on frivolous appeals, be assessed for the use and benefit of the plaintiff in the court below.
We ea,n see no reason for making the distinction contended for between appeals and writs of error.
The process for the removal of causes from the district to the supreme court-was for several years known only by the name of appeal, and was as remarkable for its simplicity as for its pervasive energy;…
2Cited by8 opinions
- First Dallas Petroleum, Inc. v. Hawkins, Texas Court of Appeals, 5th District (Dallas)1987
- Smith v. GerlachTexas Supreme Court · 1847
- Hofheinz v. WilsonCourt of Appeals of Texas · 1926
- Rodgers v. AlexanderTexas Supreme Court · 1872
- Faulder v. StateCourt of Criminal Appeals of Texas · 1980
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