Proctor v. Wilcox

Citations

• 68 Tex. 219
• 4 S.W. 375
• 1887 Tex. LEXIS 669

Syllabus

<p>1. New Trial—Statement of Facts.—A motion for new trial was overruled on the last day of the term, and an order entered allowing ten ° days for statement of facts, the defendant’s counsel refusing to agree to a statement of facts presented by plaintiff against whom judgment had been rendered. After five days had elapsed plaintiff’s counsel committed to the mail his statement of facts, directed to the judge who was holding court in another county. The statement of facts was not signed by the judge until the expiration of the ten days. In an original action for a new trial held:</p> <p>(1) Without deciding whether an original petition for new trial could be entertained in any case on the ground that a party against whom judgment was rendered had been deprived without fault on his part of an opportunity fairly to present his case bn appeal or writ of error, no proper diligence to obtain a statement of facts in this case was shown.</p> <p>(2) The statement of facts should have been presented in person or* by attorney or messenger, and should not have been entrusted to the mail.</p>