Lynn v. Hanna
Decision Date | 22 June 1927 |
Docket Number | (No. 4610.) |
Citation | 296 S.W. 280 |
Parties | LYNN et al. v. HANNA. |
Court | Texas Supreme Court |
Suit by Mrs. V. O. Lynn and husband against Mrs. L. M. Hanna and another. Plaintiffs' appeal from an order or judgment. granting named defendant's motion for a new trial and setting aside interlocutory and final judgments for plaintiffs, was dismissed by the Court of Civil Appeals (273 S. W. 339), and plaintiffs bring error. Affirmed.
Louis J. Moore, of Granbury, and Hunter, Hunter & Greathouse, of Fort Worth, for plaintiffs in error.
W. F. Robertson, of Austin, and Wm. Morton, of Dallas, for defendant in error.
This case was referred to Section A of the Commission of Appeals, and an opinion was prepared by Judge Harvey. The case was withdrawn from the Commission and taken under submission by the court.
We are in accord with much of Judge Harvey's opinion, and will make use of his statement of the case and of such parts of his opinion as express our views of the law. In fact, the necessary disposition of the case becomes apparent, we think, when the facts are clearly stated:
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...errors made by the trial court on appeal, by writ of error or certiorari. Stewart v. Byrne, Tex.Com.App., 42 S.W.2d 234; Lynn v. Hanna, 116 Tex. 652, 296 S.W. 280. A suit in equity to vacate a former judgment usually relates to matters incident to the trial in the lower court which prevente......
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...have been presented to the appellate court by appeal; (Bankston v. Bankston, Tex.Civ.App., 251 S.W.2d 768, 773, Mand.Ref.; Lynn v. Hanna, 116 Tex. 652, 296 S.W. 280; or by way of application for writ of error; 25 Tex.Jur. 638, 639; 17 Tex.Jur. p. 28; Avant v. Broun, Tex.Civ.App., 91 S.W.2d ......
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