From Casetext: Smarter Legal Research

Scalfi Co. v. State of Texas

Supreme Court of Texas
Jun 1, 1903
96 Tex. 559 (Tex. 1903)

Opinion

Motion No. 1093.

Decided June 1, 1903.

Practice in Supreme Court — Assignment of Errors.

Overruling a motion for rehearing of an application for writ of error, it is held, that, though the Court of Civil Appeals may reverse for fundamental error not assigned (Rev. Stats., art. 1014), the Supreme Court can only grant writ of error for errors specified in the application (Rev. Stats., arts. 942, 943); and it is too late to make the assignment in a motion for rehearing of the application.

Motion for rehearing on an application for writ of error to the Court of Civil Appeals for the Second District, in an appeal from Palo Pinto County.

F.L. Camp, for petitioners.

Lee Riddle for defendant in error.


This is a motion for rehearing of an application for a writ of error.

The suit was brought in the name of the State for the use of Palo Pinto County to recover upon a liquor dealer's bond. The jury found that there had been three breaches of the bond, and judgment was accordingly rendered against the obligors for the sum of $1500, with interest from the date of the judgment at 6 per cent per annum.

The motion is based upon a specification of two alleged fundamental errors. These specifications were not assigned in the application for the writ of error. The Courts of Civil Appeals may reverse a judgment for "error in law either assigned or apparent upon the face of the record." Rev. Stats., art. 1014. As we now construe and have always construed articles 942 and 943, we can only grant a writ of error for errors specified in the application. We are therefore of the opinion that it is too late to make the assignment in a motion for a rehearing.

The two points made in the motion for a rehearing are, (1) that it was error to allow interest on the judgment, and (2) that in a suit like this brought in the name of the State for the use of the county but $500 can be recovered, although there may be more than one breach of the bond. The questions are not before us and we pass upon neither.

The motion is overruled.

Overruled.


Summaries of

Scalfi Co. v. State of Texas

Supreme Court of Texas
Jun 1, 1903
96 Tex. 559 (Tex. 1903)
Case details for

Scalfi Co. v. State of Texas

Case Details

Full title:GEORGE SCALFI COMPANY v. STATE OF TEXAS

Court:Supreme Court of Texas

Date published: Jun 1, 1903

Citations

96 Tex. 559 (Tex. 1903)
74 S.W. 1117

Citing Cases

In re Guardianship of Jackson

Clearly, under the provisions of the above statute, the probate jurisdiction of the probate court of Okmulgee…

Ft. Worth Rio Grande Ry. Co. v. Robertson

Fundamental error (omission of a necessary party) will not be considered in the Supreme Court when not made…