49 Tex. 769 | Tex. | 1878
Lead Opinion
The defendants in error move to dismiss the writ of error, the principal ground being the alleged laches of the plaintiffs in error in the prosecution of their writ. The judgment was rendered February 5, 1875, and the petition for writ of error, with the necessary cost bond, was filed January 24,1877, nearly two years thereafter.
The citation was issued and served on "March 29, 1877, over two months after the filing of the petition and bond, and less than twenty days before the first day of the assignment embracing Washington county. The result of the delay is, that a term of the court has been allowed to pass, the transcript having been filed at the present term instead of the term of 1877, and the plaintiffs in error appear to be responsible for that result. The statute required the clerk to issue the citation upon the filing of the petition and bond,
The motion to dismiss is sustained.
Sustained.
Dissenting Opinion
dissenting.
(See separate opinion in next case.)