State v. Hodges

Texas Supreme Court
State v. Hodges, 25 Tex. 63 (Tex. 1860)
Bell

State v. Hodges

Opinion of the Court

Bell, J.

—We are of opinion that the court below did not err in sustaining the demurrer to the petition.

The appeal in the case of Hodges and others against the State, reported in 20 Tex., page 493, brought that whole case into this court, and this court adjudicated all the matters presented by the record then before it. The judgment of the District Court was, in point of fact, reversed by this court, and the judgment which was rendered by this court is the only judgment in that case.

There is no power to go behind that judgment because there was a clerical error in the transcript of the record. All errors in the record should be corrected before this court makes its decree.

The judgment of the court below is

Aeeirmed.

Reference

Full Case Name
State v. A. E. Hodges
Status
Published
Syllabus
The existence of a clerical error in the transcript of the record, whereon this court has rendered its judgment, decisive of the whole case, will not afford ground to one of the parties to go behind that judgment, and, by alleging in a new action the error, maintain a suit for a cause depending upon such omission. All errors in the record should be corrected before this court makes its decree.