The Laws of Texas, 1822-1897 Volume 2 Page: 1,699
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Laws of the State of Texas.
393
partv to whom such new trial may be granted, according
to the order of the court, to be made at the time of
granting such new trial.
Sec. 11-1. When any judgment shall be arrested, or
set aside, the court shall allow the proceedings in which
the error was to be amended in all cases where the same
amendment might have been made before trial, and the
cause shall again proceed according to the practice of
the court, but the party in whose proceedings the first
error was committed shall pay the costs incurred thereby.
Sec. 115. Judgments in the district court shall, in all
civil cases, be rendered so as to conform to the pleadings,
the nature of the case as proved, and the verdict thereon.
Sec. 116. Any person, for a bona fide debt, may,
without process, appear in person, or by attorney, and
confess judgment for such debt; but in such cases, a
petition shall always be filed, and the justness of the
debt sworn to by the person in whose favor the judgment
is confessed; and when confessed by attorney, the
warrant of attorney shall be filed:
Sec. 117. Every judgment by confession, duly made,
shall operate as a release of all errors in the record thereof,
but may at any time be impeached for fraud or other
equitable causes, by third parties.
Sec. 118. In suits against executors, administrators,
or guardians, for the recovery of money due from, or
damages incurred by their testator, or intestate, or ancestor,
when a verdict shall be given against them, or
judgment final, by default, shall be taken against them,
the judgment shall be that Ihe plaintiff recover his debt
or damages, as the case may be, and costs, to be paid in
due course of administration; and no execution shall
issue on such judgment. When the suit is instituted for
the enforcement of a specific lien on personal property,
the judgment shall be,' that the plaintiff recovers his
debt and damages and costs, and that the property
subject to such lien shall be seized and sold by the
sheriff, if it can be found; and if the proceeds of
such sale shall be applied to the judgment and costs,
and if there be any excess, after such payment, the( 1699)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/1703/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .