The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 16

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 16

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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. 1857 edition. Excerpt: ... advantage, by bidding off property at greatly less than its true value: and where that is the case, the Probate Court ought not to confirm the sale; nor ought the purchaser to be heard to complain, that he has not been suffered to speculate, at the expense of those interested in the estate. It will suffice to dispose of the present case, that the cemplainant was bound to take notice of the action of the Court, setting aside the sale. If she had any suflicient ground of opposition to the order of the Court, it should then have been urged: and if her rights were not duly considered and respected, her remedy was an appeal from the order by which she was agrieved. Having failed to complain of the action of the Court at the proper time, she was not entitled afterwards to be heard to complain; and her petition was rightly dia It would seem that the Court will not', of its own motion, order a certiorari, to perfect the transcript, although the appellant has appeared by brief only, and the omissioh has escaped the _notice of his counsel; at all events, 'where it is apparent that it would make no difference in the decision of the cause. A mere omission in one part of the charge of the Court, if supplied, substantially, in another part, is not suflicient ground for reversing the judgment, where there is no cause to apprehend that the jury may have been misled, or failed to comprehend the law.-, Nor, where the charge given was not wrong in point of law, will it, in general, be a ground for reversing the judgment, that it did not embrace all the law applicable to the case; if proper instructions have notrbeen asked and refused. ' Where, to construe the terms of a statute according to their technical significations, would render the...
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236829735
  • 9781236829733