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85 Tex. 497

22 S.W 399

Sams v. Creager

Texas Supreme Court

Decided May 18, 1893

Texas Supreme Court · decided 1893-05-18

This is an application for writ of error to Court of Civil Appeals, Second District, in an appeal from Wilbarger County. The Court of Civil Appeals affirmed the judgment of the trial court on Februaiy 16, 1893. The appellants failed to file a motion for rehearing within fifteen days after the judgment of affirmance.

Key passage — most relied on by later courts

“If it had been shown that the failure to file the motion within the time prescribed by law resulted from accident, or cause other than neglect of applicant, this court might consider the application, notwithstanding that the Court of Civil Appeals had not acted on the motion for a rehearing.”

quoted by 1 later decision, including Anderson v. First Nat. Bank of La Grange

Good law ✅— No negative treatment on recordhow we know

Decided 1893-05-18

How this case has been cited

Cited by 53 later decisions — most recently March 2012 · most notably Wilson v. Beck (1926), Lovejoy v. Cockrell (1933)

2 federal appellate · 47 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STAYTON, Chief Justice.

¶1 The application for writ of error shows that no motion for rehearing was filed in the Court of Civil Appeals within the time prescribed by the statute, and the reasons shown for the-failure to do so furnished no excuse for this failure, and that court refused to consider the motion.

¶2 If it had been shown that the failure to file the motion within the time-prescribed by law resulted from accident or cause other than neglect of applicant, this court might consider the application, notwithstanding that the Court of Civil Appeals had not acted on the motion for a rehearing; but as no such facts are shown, the rule which requires persons to file and have acted upon motions for rehearing before coming to this court for *499 relief must be enforced, and for its nonobservance the application for writ of error will be dismissed, without consideration of the questions involved in the case.

¶3 It is so ordered.

¶4 Application dismissed.

¶5 Delivered May 18, 1893.

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