McGuire v. Newbill

Citations

• 54 Tex. 317
• 1881 Tex. LEXIS 25

Syllabus

<p>1. Citation in error—Affirmance without reference to the merits.— No affirmance on certificate without reference to the merits can be had, unless the citation in error showing the date of the filing of the petition in error, the names of the parties according to such petition, the description of the judgment as therein given, and that the writ of error and supersedeas, if any, have been granted, has been served.</p> <p>3. Citation in error.—A citation in error which undertakes to describe the judgment by mentioning nine hundred acres of land as the subject of it, and which refers to a copy of petition accompanying it for specific description, is not sufficient.</p> <p>3. Citation in error—Waiver.—A compliance with the statute in the essential requisites of a citation in error, may be waived by the defendant in error; but to entitle the defendant in error to an affirmance on certificate without reference to the merits, such waiver must be made in time to enable the plaintiff in error to file the transcript in the supreme court in the period required by law.</p>