Leon & H. Blum v. Wettermark

Citations

• 58 Tex. 125
• 1882 Tex. LEXIS 220

Syllabus

<p>1. New trial—Jurisdiction to grant during term.—The jurisdiction of the district court to set aside its own judgments continues during the term, and this is so although all the steps prescribed by the statute for the perfection of an appeal have been taken before the close of the term.</p> <p>2. Appeal—To what term returnable.—Where an appeal bond is filed and approved during the term, the case is not returnable to the supreme court sooner than it would have been had the bond been filed and approved on the last- day of the term.</p> <p>3. - Statutes construed.— K. S., arts. 1387-8, 1401-5, and 1410, construed.</p> <p>4. Case overruled.— Cahn v. State, Austin term, 1880, overruled.</p> <p>5. Case followed.—Kellogg & Co. v. White, Austin term. 1882, followed.</p>