St. Louis Southwestern Ry. Co. of Texas v. Sterling

Court of Appeals of Texas

St. Louis Southwestern Ry. Co. of Texas v. Sterling

175 S.W. 1128, 1915 Tex. App. LEXIS 483

CourtCourt of Appeals of Texas

DecidedApril 22, 1915

DocketNo. 1435.

StatusPublished

This text of 175 S.W. 1128 (St. Louis Southwestern Ry. Co. of Texas v. Sterling) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Louis Southwestern Ry. Co. of Texas v. Sterling, 175 S.W. 1128, 1915 Tex. App. LEXIS 483 (Tex. Ct. App. 1915).

Pincite

Opinion

LEVY, J.

By a proceeding in the nature of a motion for new trial the appellant sought to have a judgment in favor of ap-pellee against it, obtained' at a former term of court, set aside. In the alternative an injunction was asked restraining the collection of the judgment. It was alleged that the judgment was obtained through fraud and misconduct of the jury. The court sustained a demurrer and dismissed the proceedings. The appeal in the original suit pending at the time deprived the trial court of jurisdiction and suspended the right of appellant to any proceeding of the kind in question, and the court did not err in dismissing the same.

The order of dismissal is affirmed.

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LEVY, J.

By a proceeding in the nature of a motion for new trial the appellant sought to have a judgment in favor of ap-pellee against it, obtained' at a former term of court, set aside. In the alternative an injunction was asked restraining the collection of the judgment. It was alleged that the judgment was obtained through fraud and misconduct of the jury. The court sustained a demurrer and dismissed the proceedings. The appeal in the original suit pending at the time deprived the trial court of jurisdiction and suspended the right of appellant to any proceeding of the kind in question, and the court did not err in dismissing the same.

The order of dismissal is affirmed.

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Bluebook (online)

175 S.W. 1128, 1915 Tex. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-southwestern-ry-co-of-texas-v-sterling-texapp-1915.