Booth v. Strippleman

Citations

• 61 Tex. 378
• 1884 Tex. LEXIS 107

Syllabus

<p>1. Assignment of errors.— By the indorsements on the transcript in a cause, removed by writ of error to the supreme court, it appeared to have been delivered to the attorney for the plaintiff in error one day before the date of the copy of the assignment of errors, which was attached to and by agreement of parties made a part of the transcript. Held, that the assignment of errors should be considered as filed in due time.</p> <p>. 2. Mandamus — Practice.— The order overruling a motion for peremptory mandamus was not such a judgment as concluded further inquiry into the grounds on which it was sought. Its only effect was to refuse the writ until a trial upon the merits, upon which the issuance of the writ would finally depend.</p> <p>3. Land certificates — Return of — Constitution construed. — Section 4, art. 10, of the constitution of 1889 had no application to a certificate which had been presented to a surveyor, with a designation of the land on which he desired to locate it, when the surveyor refused to permit the location, and the owner, promptly resorting to the courts of tiie country, was unable, through the law’s delays, to secure a survey and return of the certificate to the general land office before the 1st day of January, 1875.</p>