48 Tex. 585 | Tex. | 1878
This is the second appeal in this case. In the opinion of the court remanding the case on the former appeal, it was said: “ This, then, is an action brought in the District Court to enjoin the judgment of this court; and the District Court has so enjoined our judgment, and disregarded our mandate. Had the mistake in the former judgment been corrected in the District Court, pending this suit in this court, we might have conformed our action to the premises, on the proper filing of an amended transcript. (See Cowan, Adm’r, v. Ross, 28 Tex., 227.) But
That the judgments of this court, though plainly erroneous, are not open to question or discussion, but are conclusive and binding upon the District Court in the cases in which they are pronounced, is not a matter of doubt or controversy, and does not admit of argument for its support, or require the citation of authorities for its maintenance. Nor, indeed, does appellee’s counsel seem to claim for the District Court such authority. But he maintains that the judgment now under review is correct, and should be affirmed, because the judgment of this court which has been enjoined is an absolute nullity. This, however, is to ignore the fact that the character of this judgment was not open to inquiry in the District Court when its judgment was rendered. This court, on the first appeal, held the judgment of the court to be a valid and bindiug judgment, which the District Court had no authority
It is not, however, to be inferred, from what has been said, that we regard the judgment in question as justly subject to any such objection, if the point was now an open one. The alleged vice rendering the judgment, as appellee’s counsel insist, absolutely void, is that the prayer in the petition does not justify the judgment. The court, it is not controverted, had jurisdiction of the parties and subject-matter of the suit. This being the case, the objection to the judgment, at most, is for error, and not nullity.
Nor is it to be inferred that we hold, or intend to intimate, that a party is necessarily precluded from relief in all cases against an unwarranted and erroneous judgment of the District Court, because of its affirmance by this court. The sole question presented for our consideration on this appeal, is whether cases are to be finally determined by this court or the District Court;—whether, when this court shall differ from the District Court as to the law of a case, its judgment is to be observed in respect by the District Court, or contemned and disregarded.
The judgment is reversed, and there being no necessity for remanding the case to the District Court, it is considered,
Reversed and reformed.