Chambers v. Shaw
Texas Supreme Court
Certificate from Galveston. The defendant in error filed a certified copy of the judgment below, rendered January 5th, 1855, and a copy of the writ of error bond, filed February 19th, 1855, and moved an affirmance of the judgment, under the statute, without reference to the merits. The Clerk’s certificate of authentication contained the following statement: “ the plaintiff in error directed me not to issue citation in error until directed, which direction I never received.”
1Opinion of the CourtWheeler, J.
We are referred, in support of the motion, to the case of Spann v. French, (13 Texas R. 91.) Unless the facts of that case were more fully reported, or the record were accessible, we cannot determine with certainty what was the ground of the judgment.* Whatever it may have been, it is certain that the Term of this Court next after service of the citation in error, has always been considered and treated, in practice, as the return Term, or Term at which the writ of error must, in general, be filed in this Court. There is an exception, where service was perfected during the Term, and the forty…
2Cases cited1 opinion
- Wheeler v. StateTexas Supreme Court · 1852
3Cited by7 opinions
- Black v. EppersonTexas Supreme Court · 1874
- Cravens v. WilsonTexas Supreme Court · 1877
- Crunk v. CrunkTexas Supreme Court · 1859
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878
- Peters v. P. J. Willis & Bro.Texas Supreme Court · 1876
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