McHam v. Gentry
U.S. Court of Appeals for the Fifth Circuit
McHam v. Gentry, 33 Tex. 441 (5th Cir. 1870)
McHam v. Gentry
Opinion of the Court
A questioijjof practice before a justice’s court is here presented.
If the appellant had any grounds of complaint as to the method of granting a new trial before the justice of the peace, his appearance at the second trial was a waiver thereof.
He makes no complaint of the judgment; at least he does not complain in the way and manner that authorizes us to interfere in it, wherefore the judgment of the district court is affirmed.
Affirmed.
Reference
- Full Case Name
- B. McHam v. Ann Gentry
- Status
- without affidavit for a new trial
- Syllabus
- 1. If a party to a suit before a justice of the peace recover a judgment, and the justice grants a new trial in such a manner that the successful party deems it contrary to law and void, he should not afterwards appearand contest the case at the new trial; if he does so appear, his objections to „ the grant of the new trial will be considered waived.