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37 Tex. 527

Schleuning v. Duffy

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

<p>Appeal from Bandera. Tried below, before the Hon. I. N. Everett.</p>

Cited by 1 later decisions — most recently February 1987

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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Walker, J.

¶1An effort is made in this case to obtain a new trial by bill of review. We do not think a bill of review, for matters of fact or errors of law apparent upon the face of the record, will lie in our courts. The remedy is by appeal or writ of error. (See Seguin v. Maverick, 24 Texas, 534, and Yturri v. McLeod, 26 Texas, 87.)

¶2A motion was made in the original cause for a new trial, and overruled. Notice of appeal was entered, and the appeal should haye been prosecuted to this court. This ease falls within the rule of Metzger v. Wendler, decided at the last term. (35 Texas, 378.) The appeal is dismissed.

¶3Dismissed.

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