Gill v. Rodgers
Citations
- 37 Tex. 628
Syllabus
<p>1. Article 1473, Paschal's Digest, which requires that all motions for new trials in arrest of judgment, or to set aside a judgment, shall be filed • within two days after the rendition of the verdict, is mandatory, and binding upon the court as weil as the parties litigant.</p> <p>2. A party desiring a new trial in a case, but who, from causes not under his control, has failed to file his motion within the time prescribed by the statute, has a remedy by an original bill in equity for that purpose.</p> <p>3. After the expiration of two days from the rendition of a judgment, the parties are no longer considered as in court, and the successful party has a right to consider the judgment final, so that it cannot he disturbed otherwise than by appeal, or writ of error, or an original proceeding in equity.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that service on the defendant tortfeasor was returned “unable to locate,” but failing to give exact dates regarding the filing of the complaint or the date of attempted service
- “The construction urged upon us by defendant would hold a plaintiff hostage to the requirement of obtaining service on the uninsured motorist or reissuing process from time to time indefinitely, which was not the intention of the legislature.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ogden
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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