Texas Supreme Court· 7/24/1957
McCauley v. Consolidated Underwriters
Citations
- 304 S.W.2d 265
- 157 Tex. 475
- 1957 Tex. LEXIS 586
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- in holding that supreme court had power to revise lower-court judgment for unassigned fundamental error, recognizing power of intermediate appellate courts to do same
- \[T]he Supreme Court is authorized to and will consider fundamental error even though not assigned by the parties.\
- any action taken in the state court, after removal of the matter to federal court and prior to remand, is void
- order in a bill of review proceeding that sets aside the prior judgment, but does not dispose of underlying case is interlocutory and not appealable
- “[T]he Supreme Court is authorized to and will consider fundamental error even though not assigned by the parties.”
- error is fundamental when the record shows a jurisdictional defect
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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