Ditto v. Piper

1 Citing case

  1. First National Bank of Bryan v. Roberts

    280 S.W.2d 788 (Tex. Civ. App. 1955)   Cited 5 times

    A court has inherent power and control over its judgments during the term at which they were rendered. Cohen v. Moore, 101 Tex. 45, 104 S.W. 1053. We do hold, however, that a tardy motion cannot be used to enlarge the time for perfecting an appeal. Rule 5; A. F. Jones Sons v. Republic Supply Co., 151 Tex. 90, 246 S.W.2d 853, Ditto v. Piper, Tex.Civ.App., Fort Worth, 263 S.W.2d 621, writ ref., n.r.e. See Forrest v. Beynon, Tex.Civ.App. San Antonio, 179 S.W.2d 355. The record is not clear as to whether the original or amended motion was filed with leave of court although the amended motion so recites. Nor is it clear that such motion was 'entertained' by the court below. It was set for hearing by the regular Judge and dismissed for want of jurisdiction by the Judge who sat for regular Judge.