Ferris v. Streeper

Citations

• 59 Tex. 312
• 1883 Tex. LEXIS 161

Syllabus

<p>1. Appeal.— Only parties to the record can prosecute an appeal. This rule is subject to the statutory exception in favor of executors, administrators or heirs of a party who dies pending the suit.</p> <p>2. Case reviewed and disapproved. — Mason v. Peck, 7 J. J. Marshall, 301, which maintains the right of appeal in a purchaser pendente lite, reviewed and disapproved.</p> <p>3. Appeal.— One who has an interest in the subject matter in litigation may, even after judgment, assert his rights, apply for a new trial, and make himself a party to the record to that extent. If his motion for new trial be overruled, he may appeal and set up any error committed in passing on his motion and the evidence offered in support of it; but he cannot avail himself of supposed errors committed against any other party to the record. )</p>