Brock v. Jarman

Decided December 15, 1846

Texas Supreme Court · decided 1846-12-15

Appeals from Travis County. moved that the appeal in each of the above cases be dismissed. 1st. Because the judgments therein were rendered at the March term, 1843, of the district court, and no appeal was attempted to be prosecuted thereon, until more than twelve months thereafter; the notice of the appeal being served on the 13th of September, 1844, as shown by the scire facias. 2d. Because the writs of error which were prayed for and allowed on the 24th of February, 1845,…

Decided 1846-12-15

Hemphill, C. J.

¶1The writs of error allowed in these causes have either not been, sued out, or if sued, have not been obeyed and returned to this court.

¶2*(142)Two years have elapsed since the allowance of the writs, and nearly four years since the rendition of the judgments, and no action having been taken to enable this court to adjudicate the rights of the parties, and the appellee or defendant in error being in no fault:

¶3It is ordered, adjudged and decreed, that the appeals in both of the above entitled causes be dismissed.