Kincheloe v. McWillie

Citations

• 33 Tex. 9

Syllabus

<p>1. At the last term of this court the judgment ot the court below was affirmed on certificate ; but on cause shown by the appellant at a subsequent day of the same term, the judgment of affirmance was set asido and the case reinstated on the docket for trial. Now, at the present term, comes the appellee, showing cause, and movps the court to vacate its order of last term setting aside the affirmance and reinstating the cause. Held, that this cannot be done—for, though it be now made apparont that the action of the court m setting aside the affirmance and reinstating the cause was hastily or unwisely done, yet that action having been had and the term passed, the cause is now' regularly on the docket for trial on the merits, and the court has no authority to dispose of it on the motion now made.</p>