Marx v. Brown & Co.

Citations

• 42 Tex. 111

Syllabus

<p>Practice—Damages for delay.—The right of a defendant in error to an affirmance, with damages for delay, is not affected by the fact that, after the writ of error was obtained, he procured, upon application and notice to the plaintiff in error, a correction of the judgment entered erroneously as to amount by mistake of the clerk, and brought up a transcript of the record with the judgment corrected nunc pro tunc ; nor is the liability of the securities on the bond of plaintiff in error affected by the fact that they had no notice of the proceedings to correct the judgment.</p>