Dias v. Munos
Texas Supreme Court
Error from Bexar. Tried below, before the Hon. Thomas J. Devine. The judgment below was rendered June 6th, 1853. The citation in error was served Nov. 16th, 1854. The transcript' was filed in this Court Nov. 6th, 1856.
1Opinion of the Court
Hemphill, Ch. J.
The citation to bring in the defendant in error was served on the 16th Nov., 1854, and if not returnable in 1854, it was at least returnable to the Term of this Court in 1855. Whether, under any circumstances, an appeal filed after the return Term, the defendant appearing and making no objection until too late to take out a writ of error, would be continued on docket, need not be considered. The record in this case was not filed until the 6th Nov., 1856. This was too late for a second writ of error, but the delay was in no degree attributable to the defendant, (if that indeed…
2Cited by2 opinions
- L. C. Cunningham & Co. v. PerkinsTexas Supreme Court · 1866
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878