Bass v. Hays
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. A. H. Latimer. Suit was filed by appellant against appellee to the November term, 1870. Service was had and judgment by default; writ of inquiry executed and final judgment rendered November 27, 1870, for appellant. A motion for new trial was filed and amended at same term, but not acted upon by the court.
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Appeal from Lamar. Tried below before the Hon. A. H. Latimer. Suit was filed by appellant against appellee to the November term, 1870. Service was had and judgment by default; writ of inquiry executed and final judgment rendered November 27, 1870, for appellant. A motion for new trial was filed and amended at same term, but not acted upon by the court. At the March term, 1871, another motion, or amended motion, for new trial was filed, but not acted upon until, at the July term, 1871, the court, upon said motions, granted a new trial. At the March term, 1872, the appellant filed his motion to…
1Opinion of the CourtOgden, J.
At the November term, 1870, of the District Court, appellant obtained a judgment by default against the appellee. A motion for a new trial was filed at that term, but not acted upon by the court. At a subsequent term another motion for a new trial was filed, and this motion also was not acted upon during the term at which it was filed, but at the following term an amended motion was filed and acted upon by the court, and a new trial awarded. At a subsequent term of the court the plaintiff moved the court to set aside the order granting a new trial, and to award execution on the original…
2Cases cited1 opinion
- McKean v. ZillerTexas Supreme Court · 1852
3Cited by5 opinions
- James v. AppelSupreme Court of the United States · 1904
- Carter v. Commissioners of Van Zandt CountyCourt of Appeals of Texas · 1889
- White v. DayCourt of Appeals of Texas · 1921
- Fitzgerald v. LaneCourt of Appeals of Texas · 1939
- Fitzgerald v. LaneCourt of Appeals of Texas · 1939