Wood v. Wheeler
Texas Supreme Court
Appeal from Washington. Williamson HcMassie, the former husband of Mrs. Wood, died in 1847. The estate was insolvent, and, upon the application of the widow and child of the deceased, a house and town lot, appraised at $2,000, together with all other property exempted by law from forced sale, were set apart for their sole use and benefit by the Probate Court. Wheeler was a creditor of the estate by a debt contracted in 1845, and he appealed to tiie District Court.
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Appeal from Washington. Williamson HcMassie, the former husband of Mrs. Wood, died in 1847. The estate was insolvent, and, upon the application of the widow and child of the deceased, a house and town lot, appraised at $2,000, together with all other property exempted by law from forced sale, were set apart for their sole use and benefit by the Probate Court. Wheeler was a creditor of the estate by a debt contracted in 1845, and he appealed to tiie District Court. In the District Court the order of the Probate Court was reversed, and the house and lot were adjudged to be subject to the said…
1Opinion of the Court
Hemphill, Ch. J.
The first ground assigned for error is, in permitting the judgment to be amended after a motion to set aside said judgment had been overruled, and an appeal taken.
We do not conceive that in this action the court exceeded its just authority. The term had not expired, and the power of the court over its judgments rendered during the term had not been exhausted. Until the expiration of the term, the court had competent authority to amend, reverse, or anuuTits judgments, as well upon material as immaterial points — upon the merits, as well as for matters of form.
We come now to the…
2Cited by37 opinions
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- Wells v. LittlefieldTexas Supreme Court · 1884
- Chase v. SwayneTexas Supreme Court · 1895
- Dittman v. Model Baking Co.Texas Commission of Appeals · 1925
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