Morrison Waite

“ The writ of error as issued is on its face for the review of the final judgment, not of the order refusing a rehearing. The judgment is sufficiently described for the purposes of identification. We are of opinion, therefore, that the judgment as entered on the twenty-ninth of May is properly before us for consideration. The motion to dismiss is overruled. ”

“ The motion for rehearing in this case was not decided until December 21st, and the writ of error was sued out and served within 60 days thereafter. This was in time to secure the supersedeas. The motion to vacate is therefore overruled.
The questions arising on the merits are not of a character to be disposed of on a motion to affirm. That motion is also denied. ”

“ On the third of January, 1884, the chief justice of the state indorsed his allowance on a petition presented to him for a writ of error from this court for a review of the record and proceedings in the suit, properly describing it, 'in which a final judgment was rendered against the Texas & Pacific Railway Company on the twenty-first of December, A. D. 1883.' The writ was issued on the ninth of January, describing the suit and the parties properly, but not giving the date of the judgment. ”