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Scheffel v. Scheffel

Herman Scheffel v. Bernhard Scheffel.

Scheffel v. Scheffel, 84 S.W. 862 (Tex. App. 1905)
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Court
Court of Appeals of Texas · State Appellate Courts
Decided
January 25, 1905
Judges
Neill
Citations
84 S.W. 86238 Tex. Civ. App. 761905 Tex. App. LEXIS 412
Headnotes
Practice on Appeal—Writ of Error—Appeal—Motion to Consolidate—Time of Filing. Where a writ of error was sued out from the same judgment from which an appeal was prosecuted, a motion to consolidate the two causes, filed after the appeal was decided, comes too late; and the judgment being affirmed on appeal, both the writ of error and the motion to consolidate will be dismissed without prejudice to defendant in error’s right to pursue any remedy he may have on the supersedeas bond filed in the writ of error cause.
Summary
Error from the District Court of Guadalupe. Tried below ■ before Hon. M. Kennon.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Neill

NEILL, Associate Justice.

The writ of error in this case was sued out from the same judgment which was affirmed by us on appeal in cause number 3103 on the 21st of last December, and in which a motion for a rehearing was overruled on the 18th of this month. As the motion to consolidate' this case with the one referred to was not filed until that cause was decided, such motion comes too late for us to act upon it; and, as the judgment sought to be revised was affirmed as before stated, both the writ of error and motion to consolidate will be dismissed, without prejudice to defendant in error’s right to pursue any remedy he may have on the supersedeas bond filed by plaintiff in error in this cause.

Dismissed.

Writ of error refused.

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