Marcus & Franks v. Hemphill & Bro.
Marcus & Franks v. Hemphill & Bro.
Opinion of the Court
Opinion by
§ 1023. Transcript; assignment of errors. The transcript in this case is characterized by the court as a heterogeneous mass of matter, exhibiting a studious disregard of
§ 1024. New trial cannot be granted at subsequent term. The motion for a new trial was made at a subsequent term of the court, after the judgment was rendered. The discretion of a judge in overruling a motion for new trial, made after the expiration of the time allowed by law, will not ordinarily be revised by the appellate courts. It is well settled that the court below could not have granted the new tidal, on the mere motion of plaintiff in error, after the term at which the judgment was rendered. The judgment could then only have been vacated or set aside by a direct proceeding in the nature of a bill of review. [Gross v. McClaren, 17 Tex. 107; Caperton v. Wanslow, 18 Tex. 125.]
Affirmed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.