Weathered v. Lee

Texas Supreme Court

Weathered v. Lee

3 Tex. 189

CourtTexas Supreme Court

DecidedDecember 15, 1848

StatusPublished

Cited by1 cases

This text of 3 Tex. 189 (Weathered v. Lee) 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

Weathered v. Lee, 3 Tex. 189 (Tex. 1848).

Pincite

Opinion

Opinion by

Chief Justice Hemphill.

In this case the application for the writ of error was filed on [190]*190tbs 13th of April, 1847. The bond was filed on tbe 18th of November, and the writ of supersedeas was served on the 4th of December, 1847.

The transcript should have been sent up at the last term of the court. We have often decided that an appeal or writ of error must be docketed at the term to which it is returnable^ and if not, all its force and effect is destroyed for any purpose whatever. It can no longer delay the issuance of an execution,, or be docketed, or tried in the appellate court.

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Opinion by

Chief Justice Hemphill.

In this case the application for the writ of error was filed on [190]*190tbs 13th of April, 1847. The bond was filed on tbe 18th of November, and the writ of supersedeas was served on the 4th of December, 1847.

The transcript should have been sent up at the last term of the court. We have often decided that an appeal or writ of error must be docketed at the term to which it is returnable^ and if not, all its force and effect is destroyed for any purpose whatever. It can no longer delay the issuance of an execution,, or be docketed, or tried in the appellate court.

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Bluebook (online)

3 Tex. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weathered-v-lee-tex-1848.

Opinion

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