Burck v. Burroughs
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. This was a motion by A. A. Burck against George E. Burroughs and the sureties on an appeal bond given by said Burroughs, filed in the county court of Milam county, for that court to render judgment against the sureties, who, with said Burroughs, are appellees here, for the amount of the judgment appealed from in the case of said A. A. Burck 0. George F. Burroughs from the said county court to the court of appeals,…
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Appeal from Milam. Tried below before the Hon. W. E. Collard. This was a motion by A. A. Burck against George E. Burroughs and the sureties on an appeal bond given by said Burroughs, filed in the county court of Milam county, for that court to render judgment against the sureties, who, with said Burroughs, are appellees here, for the amount of the judgment appealed from in the case of said A. A. Burck 0. George F. Burroughs from the said county court to the court of appeals, in which appeal the appellees Sarah J. Lynn, James P. Lynn and Charles Bando were sureties on the supersedeas appeal…
1Opinion of the Court
Walker, J. Com. App.
When the appeal was determined in the court of appeals, the case itself was finally determined, unless a review of it was afterwards obtained by writ of error. The only jurisdiction which the county court could properly exercise over it was to enforce and give effect to the mandate of the court of appeals. The dismissal of the appeal left the judgment in force without change, and without any power or jurisdiction in the county court, on the record as it stood, to open the case for the purpose of making any further or additional orders or entries in the cause, other than *447to…
2Cited by10 opinions
- Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
- Austin v. ConawayCourt of Appeals of Texas · 1926
- Los Campeones, Inc. v. Valley International Properties, Inc.Court of Appeals of Texas · 1979
- Harrison v. BarngroverCourt of Appeals of Texas · 1938
- Buse v. BartlettCourt of Appeals of Texas · 1892
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