City of Brownsville v. Basse

Citations

• 43 Tex. 440

Syllabus

<p>1. Adjournment of term of court.—It is a universal rule that no court can alter, vacate, or annul a final judgment regularly entered in a case of which it has jurisdiction after the adjournment of the term at which such judgment was rendered.</p> <p>2. Jurisdiction is the power to hear and determine a cause; the authority by which judicial officers take cognizance of and decide causes.</p> <p>3. Jurisdiction of SupremeOourt.—The jurisdiction of the Supreme Court, although appellate, is of the cause, and such jurisdiction is not limited by or dependent upon the fact that the judgment in the lower court was upon a verdict, or upon issues either of law or fact submitted to the court.</p> <p>4. Same.—The statutory rule is, (Paschal’s Dig., art. 1362,) when the judgment or decree of the court below in civil cases shall be reversed, the Supreme Court shall proceed to render such judgment or decree as the court below should have rendered or pronounced, except when it is necessary that some matter of fact be ascertained, or from uncertainty as to the damages to be assessed or matter to bo decided it is necessary to remand the case to the District Court. And the decision of the court that it is not necessary to remand the case for such purpose is within the jurisdiction of the court and, is conclusive between parties.</p> <p>5. Same.—In an appeal by plaintiffs from a judgment rendered in the District Court in favor of the defendant, the Supreme Court has jurisdiction, upon reversing the judgment, to dismiss non obstante veredicti.</p>