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: 113
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1875.1 MARX v. BRowx. 113
Opinion of the court.
been given before the transcript was taken from the clerk's
office, and the correction having been made in the District
Court before the return-day of the writ of erior in the
Supreme Court, the case stands in this court very much
in the same attitude as though there had been no mistake
committed in entering the judgment. Had the correction
of the errors in the judgment been the object desired by
plaintiff in error, he was furnished the opportunity of doing
it, and of making the defendants in error pay the costs
that had been incurred by him in preparing to prosecute
his writ of error up to that time, which the District Court
might well have imposed on the defendants in error, in
correcting the judgment, had the plaintiff in error acquiesced
in and consented to the amendment of the judgment,
instead of resisting it.
In the case of Grier v. Powell there was an error of seventy
cents excess of interest in the judgment rendered
upon the pleas being withdrawn. It was regarded as
equivalent to a judgment by confession. Justice Wheeler,
delivering the opinion of the court, said that the District
Court is the proper place for the correction of such errors.
"And where parties unnecessarily resort to this court, in
the first instance, for the correction of such errors, although
the errors may be corrected, it ought not to affect the right
of the appelleeto his damages occasioned by the unnecessary
"Not having been so corrected, and being apparent by
the record, it will be corrected here; and the judgment
,will be affirmed with damages." (Grier v. Powell, 14
This case is even stronger, haviiig been corrected in the
District Court at the cost of defendants in error, before the
writ of error was returnable to this court, and notice of
the motion to correct it having been given before plaintiff
in error took the transcript out of the district clerk's office
to be sent to this court.
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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/m1/121/: accessed May 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .