The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 4

The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...that it does not appear from the certificate that the paper is a copy of the record or minutes of the court. The second objection, and the only one that we deem important to notice, is, that the record offered in evidence appears to be a copy of the judgment of the Probate Court of Robertson County, made in 1889, correcting the record of the former judgment made in 1882, probating the will of James Talbot; the contention being, that the court had no power or.jurisdiction in 1889 to correct or amend the record probating the will in 1882. It appears from an inspection of the certified copy of the probate records offercd in evidence, as shown by the bill of exceptions, that the will of James Talbot was probated in 1882, but that in making and entering the record thereof, a mistake was made in the record, and that the will was incorrectly recorded. In 1889 the same court, by an order, corrected this mistake, and ordered that the record be so amended as to make it show the true facts, and that the will be properly recorded. The statute requires the will, together with the probation thereof, to be recorded. This record, when so made, becomes the judgment of the court. Articles 1354 and 1355, Sayles' Civil Statutes, empower the court to correct any mistake or misrecital in its judgments; and when its judgment correcting such mistake is collaterally questioned, as is done in this case, we must conclusively presume that the court followed the procedure prescribed by the two articles referred to, and that such judgment is legal. It does not appear upon the face of the record that the court, in correcting its record, did not pursue the law that authorizes the correction to be made. Because the judgment correcting the mistake is made after a...
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Product details

  • Paperback | 374 pages
  • 189 x 246 x 20mm | 667g
  • United States
  • English
  • black & white illustrations
  • 1236850858
  • 9781236850850