City of San Antonio v. Dickman
Citations
- 34 Tex. 647
Syllabus
<p>1. The granting of a new trial reinstates the cause upon the docket as though no trial had been had ; and the court has no authority at a subsequent term, to entertain a motion to set aside the order granting the new trial. The cases of Sparest v. Best, 6 Texas, 200., and Gorman v. McFarland, 13 Texas, 237, cited and approved.</p> <p>2. When a motion to set aside an order granting a new trial has been improperly sustained at a term subsequent to the making of the order, a motion is legitimate at a term still subsequent to this last order, to set it aside and reinstate the cause for a new trial.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that there is no obligation to disclose rebuttal witnesses unless the evidence is introduced to rebut a defense of alibi or mental disease or defect
Source: CourtListener parenthetical corpus (CC0).
Judges: Ogden
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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