Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 112
The following text was automatically extracted from the image on this page using optical character recognition software:
112 MARX V. BROWX. [Tyler Term,
Opinion of the court.
Word and Jackson . JTackson, for defendants in error,
cited Pas. Dig., arts. 49, 51, 52; Ramsey v. McCauley, 9
Tex., 106; Swift v. Faris, 11 Tex., 18: Wortham v., Iarrison,
8 Tex., 141; Morrison v. Dibrell, 22 Tex., 199;
Grier v. Powell, 14 Tex., 320; Burton v. Varnell, 1 Tex.,
635; Hutchison v. Owen, 20 Tex., 287; Laird v. Thomas,
22 Tex., 281; Fisk v. Holden, 17 Tex., 408; Goodlett v.
Stamps, 29 Tex., 121.
ROBERTS, CHIEF JUSTICE.-The main point in the case
is, Can the defendant in error, upon application and notice,
correct the judgment in the District Court erroneously entered
by mistake of the clerk, and bring up the transcript
of the record with the judgment corrected mune pro tune,
and have it affirmed with damages ?
The error in amount, which was corrected by the amendnent
of the judgment, was an excess of one dollar and
eighty-five cents, (as it is said by both parties.) This'was
a mistake in calculation of interest, and allowing credits on
a large amount of money, and is relatively too small to be
regarded as a substantial error which would justify the removal
of the cause into this court for correction. (Foster
v. Van Norman, 1 Tex., 638.)
The most important correction was in making it to be a
consent judgment, instead of one founded on the finding
of a jury.
The statute permits any mistake in entering a judgment
to be corrected " according to the truth and justice of the
case." (Pas. Dig., art. 652.)
There is no limit of time prescribed in which this may
It has been said by this court that it may, upon proper
notice, as was had in this case, be done at any time before
final judgment is rendered in the Supreme Court. (Ramsey
v. McCauley, 9 Tex., 108.)
Notice of the motion to correct the judgment having,
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/120/: accessed March 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .