Sass & Cohen v. Hirschfeld

Citations

• 56 S.W. 602
• 23 Tex. Civ. App. 1
• 1900 Tex. App. LEXIS 265

Syllabus

<p>1. Appeal Held Perfected Within Twenty Days—Two Orders of Court,</p> <p>The minutes of tjie court showed briefly that a motion by plaintiff to correct a judgment, filed after the close of the term, was heard and overruled, with note that plaintiff excepted and gave notice of appeal; and they also showed another order, entered six days later, reciting fully the nature of the motion, the correction sought to be made, and the manner in which the alleged error in the judgment occurred, and adjudging that the motion be overruled with costs to defendant. It did not otherwise appear why the second order was made. Held, that an appeal bond filed -within twenty days from the date of the last order was in time.</p> <p>2. Judgment—Correction After Close of Term Denied.</p> <p>Where plaintiffs recovered judgment against the defendant for certain goods held by the latter as trustee for the benefit of creditors, and their judgment for costs was against the defendant “as trustee,” their motion to correct the judgment on the ground that the pleadings and evidence showed that the judgment for costs should have been against the defendant personally came too late after the close of the term at which the judgment was rendered.</p>