Rouser v. Wright

2 Citing cases

  1. Arrington v. McDaniel

    119 Tex. 148 (Tex. 1930)   Cited 13 times

    A mistake in a judgment may be corrected after the close of the term even after appeal is perfected. De Hymel v. Mortgage Co., 80 Tex. 493, 16 S.W. 311; Article 2229 Rev. Stats., (1925); Rouser v. Wright, 205 S.W. 849; Ramsey v. McCauley, 9 Tex. 105; Brewster v. Norfleet, 22 S.W. 226; Coleman v. Zapp, 105 Tex. 491, 151 S.W. 1040; Waggoner v. Knight, 231 S.W. 357, 10 A. L. R., 534. MR. JUDGE SHARP delivered the opinion of the Commission of Appeals, Section A.

  2. O'Quinn v. Harrison

    271 S.W. 137 (Tex. Civ. App. 1925)   Cited 3 times

    That the court in such circumstances, at a subsequent term, with all the interested parties before it, had the power to so adjudge and to correct its records accordingly is well settled. R.S. art. 1879; Rouser v. Wright (Tex.Civ.App.) 205 S.W. 849 (writ of error denied); Coleman v. Zapp, 105 Tex. 491, 151 S.W. 1040; Thompson v. Field (Tex.Civ.App.) 164 S.W. 1115. In this connection, although the judgment appealed from does not so show, both parties in their briefs state that the court below, after thus determining that proper service had been made but not so returned, directed Mr Kemp, who had been sheriff at the time, to make a nunc pro tune amendment of his return on the citation, despite the fact that his term of office had in the meantime expired.