Edwards v. James
Texas Supreme Court
Error from Bexar. Action for the recovery of land by the plaintiff in error against the defendant in error as administra - tor of J. B. Black, deceased. Judgment by default ¡November 12th, 1852. Writ of inquiry executed, and verdict and judgment for plaintiff December 11th following. Motion for new trial filed on the 13th.
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Error from Bexar. Action for the recovery of land by the plaintiff in error against the defendant in error as administra - tor of J. B. Black, deceased. Judgment by default ¡November 12th, 1852. Writ of inquiry executed, and verdict and judgment for plaintiff December 11th following. Motion for new trial filed on the 13th. On the 14th, Judge Hancock, who was sitting for the regular Judge of the district, signed the minutes of his proceedings and vacated the bench, and on the 15th, Judge Devine, the regular Judge of the district, took the bench. He subsequently granted the new trial. At the…
1Opinion of the CourtLipscomb, J.
There are only two grounds of error that we-regard as material, presented by the record in this case. The-first is the granting a new trial, on the application of the defendants.
There was a judgment by default, and a writ of inquiry executed before Judge Hancock, holding the Court for Judge Devine. Judge Hancock had signed the minutes of the proceedings before him, and Judge Devine taken his seat on the bench, before the motion of the defendants for a new trial had been acted upon; and the motion was granted by the latter. Plaintiff’s counsel allege that it was not competent for Judge Devine,…
2Cited by20 opinions
- Callahan v. StaplesTexas Supreme Court · 1942
- State v. MessinoSupreme Court of Missouri · 1930
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Lowe v. StateCourt of Criminal Appeals of Texas · 1918
- Warner Elevator Manufacturing Co. v. MaverickTexas Supreme Court · 1895
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