Umbdemstock v. Perry

Texas Supreme Court

Umbdemstock v. Perry

41 Tex. 374

DecidedJuly 1, 1874

StatusPublished

This text of 41 Tex. 374 (Umbdemstock v. Perry) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Umbdemstock v. Perry, 41 Tex. 374 (Tex. 1874).

Pincite

Opinion

Moore, Associate Justice.

The certificate of the clerk' says that the citation in error was issued and served on the 1st of December, 1874. It seems quite obvious that this is a clerical mistake for the 1st of December, 1873; but in view of the strictness and regularity which has always been required to affirm judgments on certificates, without reference to the merits, we do not feel willing to correct by construction this defect. It is therefore ordered that the [375]*375certificate be dismissed, but without prejudice to the right of the defendant in error to file another certificate during the term, if he desires to do so.

Motion reeused.

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Moore, Associate Justice.

The certificate of the clerk' says that the citation in error was issued and served on the 1st of December, 1874. It seems quite obvious that this is a clerical mistake for the 1st of December, 1873; but in view of the strictness and regularity which has always been required to affirm judgments on certificates, without reference to the merits, we do not feel willing to correct by construction this defect. It is therefore ordered that the [375]*375certificate be dismissed, but without prejudice to the right of the defendant in error to file another certificate during the term, if he desires to do so.

Motion reeused.

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Bluebook (online)

41 Tex. 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/umbdemstock-v-perry-tex-1874.