Wilson v. Truehart

The motion for an affirmance of judgment must be refused. If Zink be not a necessary party to the writ of error, service appears to have been perfected on the 30th day of January, 1854, during the last Term of this Court; and more than forty days having elapsed before the adjournment of the Court, the record should have been filed during that Term. After the expiration of that period, the appellant, under the ruling of this Court in the case of Wheeler v. The *288State, (8 Tex. R. 228,) had lost the right to have the judgment revised on this writ of error; and the defendants in error might have…